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STATE, EX REL., v. GRACE

No. 43,867

194 Kan. 116 (1964)

397 P.2d 331

THE STATE OF KANSAS, on the Relation of WILLIAM M. FERGUSON, Attorney General; WALTER REED GAGE, Director of Kansas Alcoholic Beverage Control; W.B. KIRKPATRICK, Assistant Attorney General; and ROBERT M. BROWN, County Attorney of Shawnee County, Kansas, Appellant, v. DONALD J. GRACE and ARLINE GRACE; GRACE'S CARAVAN CLUB, and JOHN DOE and MARY DOE, Whose Proper Names Are Unknown, Appellees.

Supreme Court of Kansas.

Opinion filed December 12, 1964.

Attorney(s) appearing for the Case

Edward Curry, Assistant Attorney General, of Topeka, argued the cause, and William M. Ferguson, Attorney General, W.B. Kirkpatrick, Assistant Attorney General, and Robert M. Brown, County Attorney, all of Topeka, were with him on the briefs for the appellant.

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

The opinion of the court was delivered by

FONTRON, J.:

This appeal is from an order of the trial court sustaining the defendants' demurrer to the plaintiff's amended petition.

The action is brought by the State of Kansas against the defendants, Donald J. Grace and Arline Grace, who are alleged to operate Grace's Caravan Club, and their employees, to enjoin them from operating and maintaining a common nuisance on the premises occupied by the club, in...

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