STATE, EX REL., v. FLEMING CO.

No. 41,304

184 Kan. 674 (1959)

339 P.2d 12

STATE OF KANSAS, ex rel. JOHN ANDERSON, JR., Attorney General of the State of Kansas, Appellant, v. THE FLEMING COMPANY, INC.; BEATRICE FOODS COMPANY, FOREMOST FOOD AND CHEMICAL COMPANY; ADAMS DAIRY COMPANY; FAIRMONT FOODS COMPANY; and EDWARD G. JOHNSTON, Appellees.

Supreme Court of Kansas.

Opinion filed May 10, 1959.


Attorney(s) appearing for the Case

George B. Powers and Gerald Sawatzky, special assistant attorneys general, both of Wichita, argued the cause, and John Anderson, Jr., attorney general, and Charles N. Henson, Jr., assistant attorney general, were with them on the briefs for the appellant.

John J. Hasburgh, Jr., of Kansas City, Missouri, argued the cause, and James W. Porter, of Topeka, Melvin J. Spencer and Robert I. Donnellan, both of Kansas City, Missouri, were with him on the briefs for the appellee Adams Dairy Company.

Charles F. Lamkin, Jr., of Kansas City, Missouri, argued the cause, and Lester M. Goodell, of Topeka, and Norman E. Greene, of Kansas City, Missouri, were with him on the brief for the appellee Foremost Food and Chemical Company.

Jacob A. Dickinson, of Topeka, Roy P. Swanson and Robert M. Duboc, both of Kansas City, Missouri, and E.R. Schaberg, of Omaha, Nebraska, of counsel, were on the brief for the appellee Fairmount Foods Company.

Robert L. Webb, Ralph W. Oman, Robert A. McClure, Philip E. Buzick, and James D. Waugh, all of Topeka, were on the brief for the appellee The Fleming Company, Inc.

Clayton E. Kline, M.F. Cosgrove, Robert E. Russell, Willard N. Van Slyck, Jr., William B. McElhenny, O.R. Stites, Jr., and James L. Grimes, Jr., all of Topeka, were on the brief for the appellee Beatrice Foods Company.

W.A. Kahrs, of Wichita, for Kansas Ice Cream and Milk Institute, Steffens Dairy Foods Company, Inc., Hyde Park Dairies, Inc., and Armstrong Creamery Company, as amicus curiae.

Richard L. Becker and Morris D. Hildreth, both of Coffeyville, for Bennett Ice Cream Company, Gardiner Dairy and Ice Cream Company, Hoch Dairy, Lawrence Sanitary Milk and Ice Cream Company, Inc., and The Page Milk Company, as amici curiae.


The opinion of the court was delivered by

JACKSON, J.:

This is an appeal involving an injunction suit brought by the attorney general under the provisions of G.S. 1957 Supp., Chapter 50, Article 5, against the defendant-appellees. The aforementioned article 5 constitutes the provisions of Laws of 1957, Chapter 309, in which the legislature attempted to make a number of things unlawful when done by a distributor, processor...

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