BOARD OF COUNTY COMMISSIONERS v. LEWIS

No. 45,305

203 Kan. 188 (1969)

453 P.2d 46

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SEDGWICK, STATE OF KANSAS, Appellant, v. PAUL C. LEWIS, MARK E. LEWIS, CHARLES F. LEWIS, TED C. LEWIS, PAUL K. LEWIS, WILLIAM LEWIS, and DON E. LEWIS, a Co-Partnership Doing Business Under the Firm Name and Style of Lewis Brothers Hardware and Lesco Supply Company, Appellees.

Supreme Court of Kansas.

Opinion filed April 12, 1969.


Attorney(s) appearing for the Case

Kenneth F. Beck, of Wichita, argued the cause, and Ernest McRae, of Wichita, was with him on the brief for appellant.

William C. Farmer, of Wichita, argued the cause, and Paul V. Smith, Douglas E. Shay, Leo R. Wetta, James R. Schaefer, Thomas A. Wood, and Larry L. Witherspoon, of Wichita, were with him on the brief for appellees.

Kent Frizzell, Attorney General, J. Richard Roth and Gary L. Rohrer, Assistant Attorneys General, were on the Amicus Curiae brief for the State of Kansas, in support of the appellant.

Philip E. Buzick, of Cosgrove, Webb & Oman, and Harry W. Colmery, of Colmery, Davis, Bennett, Leonard & McClure, of Topeka, and 30 other named attorneys were on the Amicus Curiae brief of American Oil Company, American Petrofina Co. of Texas, Apco Oil Corporation, Colorado Oil and Gas Corporation, Farmland Industries, Inc., Phillips Petroleum Company, Skelly Oil Company, Mobil Oil Corporation, Union Asphalts and Road Oils, Inc., and Wilshire Oil Company of Texas, in support of the appellees.


The opinion of the court was delivered by

FATZER, J.:

This action was brought pursuant to K.S.A. 19-232 to recover from the appellees overcharges and penalties for materials and supplies purchased from them by the appellant, the Board of County Commissioners of Sedgwick County. The record discloses the materials purchased were for use by the county in the maintenance of its roads and bridges, and for fire control equipment.

The overcharges occurred...

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