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STATE, EX REL., v. MURPHY

No. 40,428

183 Kan. 698 (1958)

332 P.2d 533

STATE OF KANSAS, ex rel. JOHN ANDERSON, JR., as Attorney General of the State of Kansas, Plaintiff, v. W.E. MURPHY, as State Director of Alcoholic Beverage Control of the State of Kansas, Defendant, D.A. WINTERS and FAMOUS BRANDS DISTRIBUTORS, INC., Intervenors.

Supreme Court of Kansas.

Opinion filed December 6, 1958.

Attorney(s) appearing for the Case

John F. Eberhardt, Special Assistant Attorney General, of Wichita, argued the cause, and John Anderson, Jr., Attorney General, of Topeka, and James D. Waugh, Special Assistant Attorney General, of Topeka, were with him on the briefs for plaintiff.

Raymond Briman, of Topeka, argued the cause, and was on the briefs for Intervenor D.A. Winters. Philip H. Lewis, of Topeka, argued the cause, and Thomas M. Lillard, O.B. Eidson, James W. Porter and Charles S. Fisher, Jr., of Topeka, were with him on the briefs for Intervenor Famous Brands Distributors, Inc. Eugene W. Davis, of Topeka, appeared for W.E. Murphy, Director of Alcoholic Beverage Control.

The opinion of the court was delivered by

FATZER, J.:

This is an original action in quo warranto brought by the attorney general against the director of Alcoholic Beverage Control to secure a determination of the invalidity of regulation 14-6-6 promulgated by the director and to oust the director from enforcing the regulation. The regulation permits the director to authorize licensed alcoholic beverage distributors to bottle, label and sell alcoholic liquors...

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