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STATE, EX REL., v. KANSAS SUPER MOTELS, INC.

No. 43,868

194 Kan. 169 (1965)

398 P.2d 331

THE STATE OF KANSAS, on the Relation of WILLIAM M. FERGUSON, Attorney General; WALTER REED GAGE, Director of the Kansas Alcoholic Beverage Control; W.B. KIRKPATRICK, Assistant Attorney General; and ROBERT M. BROWN, County Attorney of Shawnee County, Kansas, Appellant, v. KANSAS SUPER MOTELS, INC., ROBERT L. BROCK, Agent et al., BUCCANEER CLUB, INC., DONALD M. CHRISTIE, CHARLES PFARR, OLIVER DOWLING, JOHN DOE and MARY ROE, Whose Proper Names Are Unknown, Appellees.

Supreme Court of Kansas.

Opinion filed January 23, 1965.

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 of Shawnee County, all of Topeka, were with him on the briefs for the appellant.

Michael A. Barbara, of Topeka, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from an order sustaining a demurrer to a petition filed by the State of Kansas to enjoin the defendants from keeping and maintaining a common nuisance by permitting persons to resort to premises controlled by defendants for the purpose of drinking alcoholic liquors contrary to the provisions of the Alcoholic Control Act.

The petition, omitting formal parts, reads:

"For...

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