BOYER v. FERGUSON

No. 43,737

192 Kan. 607 (1964)

389 P.2d 775

OTTO H. BOYER, d/b/a Boyer's IGA Foodliner and Boyer's 7-11 IGA, et al., Appellees, v. WILLIAM M. FERGUSON, Attorney General, State of Kansas; and KEITH SANBORN, County Attorney, Sedgwick County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed March 7, 1964.


Attorney(s) appearing for the Case

Paul R. Kitch, Special Assistant Attorney General, and Keith Sanborn, County Attorney, argued the cause, and William M. Ferguson, Attorney General, J. Richard Foth, Assistant Attorney General, and O.B. Eidson, Special Assistant Attorney General, were with them on the brief for the appellants.

H.R. Kuhn, of Wichita, argued the cause, and Edward F. Arn, Richard F. Mullins, Milo M. Unruh, and Louis W. Cates, all of Wichita, were with him on the brief for the appellees.

Eugene A. White, of Hutchinson, for J.S. Dillon & Sons Stores Co., Inc., as amicus curiae.

Dale Kidwell, George W. Ball, Jack H. Greene and Kenneth M. Nohe, all of Wichita, for Greater Downtown Wichita, Inc., as amicus curiae.

Blake A. Williamson, James K. Cubbison, Donald A. Hardy, A.C. Cooke, Sheldon Crossett, Thomas H. Finigan, Joseph J. Poizner, Clark E. Tucker, Claude L. Rice, Powell Groner, Thad E. Nugent and James L. Baska, all of Kansas City; Lester M. Goodell, Marlin S. Casey, Raymond Briman, Murray F. Hardesty, Wendell L. Garlinghouse, Warren W. Shaw, and William Hergenreter, all of Topeka; Milton Zacharias, Kenneth H. Hiebsch, Richard A. Render and Albert Kamas, all of Wichita; Abraham Weinlood, William Rayl Cole, D. Stewart Oswalt and John H. Shaffer, all of Hutchinson; as amici curiae.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an action filed in the district court of Sedgwick County, Kansas, seeking to enjoin the enforcement of Chapter 220, Laws of 1963, commonly known as the "Sunday Closing Law." The plaintiffs own and operate grocery stores in Sedgwick County, and the defendants are the Attorney General of Kansas and the county attorney of Sedgwick County.

The plaintiffs...

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