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STATE, EX REL., v. FAIRMONT FOODS CO.

No. 44,248

196 Kan. 73 (1966)

410 P.2d 308

STATE OF KANSAS, ex rel. HARRISON SMITH, County Attorney of Finney County, Kansas, Appellee, v. FAIRMONT FOODS COMPANY, a Corporation, and ED THORPE, Appellants.

Supreme Court of Kansas.

Opinion filed January 22, 1966.

Attorney(s) appearing for the Case

Robert M. Duboc, of Kansas City, Missouri, argued the cause, and James A. Williams, Byron C. Larson and George Voss, all of Dodge City, and Raymond Kelly, of Omaha, Nebraska, were with him on the brief for the appellants.

Kenton C. Granger, Assistant Attorney General, argued the cause, and Robert C. Londerholm, Attorney General, and Daniel J. High, County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by the State of Kansas pursuant to K.S.A. 50-505 for injunctive relief against Fairmont Foods Company and Ed Thorpe, defendants, for an alleged violation of K.S.A. 50-503 (a). The trial court granted injunctive relief and the defendants have duly perfected an appeal.

The issues presented on appeal concern the constitutional validity of 50-503 (a), supra.

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