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STATE, EX REL., v. SHANAHAN

No. 39,989

178 Kan. 400 (1955)

286 P.2d 742

STATE OF KANSAS, ex rel. HAROLD R. FATZER, Attorney General, Appellant, v. PAUL R. SHANAHAN, as Secretary of State of the State of Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed July 6, 1955.

Attorney(s) appearing for the Case

Paul E. Wilson, Assistant Attorney General, of Topeka, argued the cause, and Harold R. Fatzer, Attorney General, of Topeka, was with him on the briefs for the appellant.

Mark L. Bennett, of Topeka, argued the cause, and William P. Trusdale, J.E. DuMars and Clayton M. Davis, all of Topeka were with him on the briefs for the appellee.

Arthur J. Stanley, Jr., and William H. Pringle, of Kansas City, filed a brief Amicus Curiae for Frances Vaughn, Bertha Hall and Louise Rahner, members of the Kansas State Board of Review, Kansas City, Kansas.

Robert L. Webb, Ralph W. Oman, Philip E. Buzick, Robert A. McClure and James D. Waugh, all of Topeka, filed a brief Amicus Curiae for the Kansas-Missouri Theatre Association.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action in the nature of a declaratory judgment to determine the constitutional validity of Senate Bill No. 222 of the 1955 Kansas Legislative Session. The bill, as introduced by the Senate Committee on Judiciary, read:

"AN ACT repealing section 1 of chapter 82 of the 1929 Laws of Kansas. Be it enacted by the Legislature of the State of Kansas: SECTION 1...

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