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STATE, EX REL., v. KANSAS RETAIL LIQUOR DEALERS FOUND.

No. 43,456

192 Kan. 293 (1963)

387 P.2d 171

STATE OF KANSAS, ex rel. WILLIAM M. FERGUSON, Attorney General, and WALTER REED GAGE, State Director of Alcoholic Beverage Control, Appellees, v. KANSAS RETAIL LIQUOR DEALERS FOUNDATION, INC., a Corporation; LAWRENCE BRIGHT, ED KREIPE, EDDIE CAMPION, O.B. CRAMER, CARL M. THOMPSON, LOREN HICKS, and BEATRICE SHANE, Members of the Board of Directors of Kansas Retail Liquor Dealers Foundation, Inc., a Corporation; LAWRENCE BRIGHT, ED KREIPE, EDDIE CAMPION, O.B. CRAMER, CARL M. THOMPSON, LOREN HICKS, and BEATRICE SHANE, individually and as representatives of all duly licensed Alcoholic Liquor Retail Dealers in the State of Kansas; and T.M. MURRELL, Secretary of Kansas Retail Liquor Dealers Foundation, Inc., a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed December 7, 1963.

Attorney(s) appearing for the Case

T.M. Murrell, of Topeka, argued the cause, and George A. Scott and Jack A. Quinlan, both of Topeka, were with him on the briefs for the appellants.

W.B. Kirkpatrick, Assistant Attorney General, of Topeka, argued the cause, and Wm. M. Ferguson, Attorney General, and Edward Curry, Assistant Attorney General, both of Topeka, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a declaratory judgment action and a request for injunctive relief brought by the State of Kansas on the relation of the attorney general and the State Director of Alcholic Beverage Control against the Kansas Retail Liquor Dealers Foundation, Inc., and others connected therewith. The action challenges the validity of the purposes and functions of the Foundation under the provisions...

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