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STATE v. CONSUMERS WAREHOUSE MARKET

No. 40,965

183 Kan. 502 (1958)

329 P.2d 638

STATE OF KANSAS, Appellant, v. CONSUMERS WAREHOUSE MARKET, INC., Appellee.

Supreme Court of Kansas.

Opinion filed September 8, 1958.

Attorney(s) appearing for the Case

J. John Marshall, County Attorney, and Charles N. Henson, Jr., Assistant Attorney General, argued the cause, and John Anderson, Jr., Attorney General, and Richard D. Loffswold, Special Prosecutor, of Girard, were with them on the briefs for the appellant.

H. Gordon Angwin, of Pittsburg, argued the cause, and Ben W. Weir, of Pittsburg, was with him on the briefs for the appellee.

Richard L. Becker and Morris D. Hildreth, both of Coffeyville, as amici curiae.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from an order sustaining a motion to quash an information in a criminal action.

The prosecution, conceded to have been agreed upon between the county attorney and counsel for the defendant, was brought in the district court of Crawford County for the purpose of testing the constitutionality of the Kansas Unfair Practices Act, Chapter 277, Laws of 1941, now G.S. 1949, 50-401 to...

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