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GILBERT v. MATHEWS

No. 41,816

186 Kan. 672 (1960)

352 P.2d 58

W.J. GILBERT, Appellee, v. W.R. MATHEWS, County Attorney of Cowley County, Kansas, and JOHN ANDERSON, JR., Attorney General of the State of Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed May 14, 1960.

Attorney(s) appearing for the Case

Robert C. Londerholm, Assistant Attorney General, argued the cause, and John Anderson, Jr., Attorney General, and W.R. Mathews, County Attorney, were with him on the brief for the appellants.

George Templar, of Arkansas City, argued the cause, and Earle N. Wright and Ted M. Templar, both of Arkansas City, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action under the declaratory judgment act of Kansas (G.S. 1949, 60-3127, et seq.) to determine the constitutional validity of the "New Goods Public Auction Law" enacted by the legislature in 1955, being Chapter 172 of the Laws of 1955. (G.S. 1959 Supp., 58-1001, et seq.) It has not since been amended or repealed.

Appeal has been...

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