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STATE, EX REL., v. MILLER

No. 39,544

177 Kan. 324 (1955)

279 P.2d 223

STATE OF KANSAS, ex rel., HAROLD R. FATZER, Attorney General of the State of Kansas, Appellant, v. I. MILLER, JR., a/k/a IRVING MILLER, d/b/a MORGAN AND COMPANY; MODERN FINANCE CORPORATION, MORGAN AND COMPANY and WILLIAM S. WORFORD, Appellees.

Supreme Court of Kansas.

Opinion filed January 22, 1955.

Attorney(s) appearing for the Case

Thomas M. Evans, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, Paul E. Wilson, assistant attorney general, and Ward D. Martin, special assistant attorney general, were with him on the brief for the appellant.

E.E. Sattgast, of Wichita, argued the cause, and John Madden, and Louis W. Cates, both of Wichita, were with him on the brief for appellee Modern Finance Corporation.

Tom Harley, Jr., of Wichita, argued the cause, and was on the brief for appellee William S. Worford.

The opinion of the court was delivered by

THIELE, J.:

This was an action commenced on August 5, 1953, by the state of Kansas on the relation of the attorney general to permanently enjoin certain named defendants from lending money in this state at a rate of interest greater than that permitted by the laws of this state and from carrying out alleged plans and conspiracies designed to accomplish such a purpose.

No service of process was had on some of...

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