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ROWLANDS v. STATE

No. 41,931

187 Kan. 174 (1960)

354 P.2d 674

WILLIAM M. ROWLANDS, d/b/a ROWLANDS COLLEGE BOOK STORE, Appellant, v. STATE OF KANSAS, BOARD OF REGENTS OF THE STATE OF KANSAS, and THE UNIVERSITY OF KANSAS MEMORIAL CORPORATION, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed August 4, 1960.

Attorney(s) appearing for the Case

Eugene C. Riling, of Lawrence, argued the cause, and John J. Riling, of Lawrence, was with him on the briefs for the appellant.

Robert E. Hoffman, assistant attorney general, argued the cause, and John Anderson, Jr., attorney general, and A.K. Stavely, assistant attorney general, were with him on the briefs for appellees State of Kansas, and Board of Regents of the State of Kansas.

O.K. Petefish, of Lawrence, argued the cause, and C.C. Stewart and James L. Postma, both of Lawrence, were with him on the briefs for appellee The University of Kansas Memorial Corporation.

The opinion of the court was delivered by

PARKER, C.J.:

This is an action in which the proprietor of a privately-owned bookstore seeks to enjoin the State of Kansas, The Board of Regents of the State of Kansas, and the University of Kansas Memorial Corporation from operating a retail bookstore business in the Memorial Union Building.

The trial judge, in a memorandum, concluded that the State of Kansas and the Board of Regents were immune from the suit...

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