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TRI-STATE HOTEL CO. v. LONDERHOLM

No. 44,409

195 Kan. 748 (1965)

408 P.2d 864

TRI-STATE HOTEL CO., INC., d/b/a THE RIVER CLUB; RONALD L. MIRES, d/b/a THE CHARTER ROOM; WILLIAM V. TIEMEYER, d/b/a THE PHEASANT CLUB; VERNON M. SMART, d/b/a PALACE CLUB; R.C. McCORMICK (An individual and member of The River Club); and CARL MURRELL (an individual and member of El Matador Club), Appellants, v. ROBERT C. LONDERHOLM, Attorney General of Kansas; KEITH SANBORN, County Attorney of Sedgwick County, Kansas; J.R. CHENEY, Director of Alcoholic Beverage Control; and PARK McGEE, Assistant Attorney General and Attorney for the Director of Alcoholic Beverage Control, Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1965.

Attorney(s) appearing for the Case

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

Park McGee, Assistant Attorney General, of Topeka, argued the cause, and Robert C. Londerholm, Attorney General, of Topeka, and Keith Sanborn, County Attorney, of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

FATZER, J.:

This was an action to enjoin enforcement of the provisions of Chapter 316, Laws of 1965, commonly known as "The Private Club Act." This Act defines four places in which alcoholic liquor may be lawfully consumed, and one of those places is a "club" as therein defined. The Act, in turn, divides clubs into two classes designated as "class A" and "class B" clubs, and...

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