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STATE, EX REL., v. A QUANTITY OF COPIES OF BOOKS

No. 44,513

197 Kan. 306 (1966)

416 P.2d 703

STATE OF KANSAS, ex rel. ROBERT C. LONDERHOLM, Appellant and Cross-Appellee, v. A QUANTITY OF COPIES OF BOOKS, Appellees and Cross-Appellants, FRANCIS G. VATER and JOE RECTOR, JR., Copartners, doing business as Rector's Book Store, Wichita, Kansas, Intervenors-Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed July 14, 1966.

Attorney(s) appearing for the Case

Richard H. Seaton, assistant attorney general, argued the cause, and Robert C. Londerholm, attorney general, and Park McGee, assistant attorney general, were with him on the briefs for the appellant and cross-appellee.

William I. Robinson, of Wichita, argued the cause, and Mark H. Adams, Charles E. Jones J. Ashford Manka, Clifford L. Malone, Mark H. Adams, II, John S. Seeber, Floyd E. Jensen, Philip L. Bowman, and Robert Hall, all of Wichita, were with him on the briefs for the intervenors-appellees and cross-appellants. Of counsel: Joe Rolston, Wichita, Stanley Fleishman and Sam Rosenwein, Hollywood, California.

The opinion of the court was delivered by

HARMAN, C.:

At issue here is the liability to state seizure and destruction of eleven allegedly obscene books in an in rem action brought pursuant to K.S.A. 21-1102c.

On July 24, 1964, the then attorney general of Kansas filed in the court below an information alleging that copies of the books in question were being kept for sale at Rector's Book Store in Wichita; that they were obscene and thus in violation...

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