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FIDELITY INVESTMENT CO. v. HALE

No. 46,827

212 Kan. 321 (1973)

510 P.2d 1236

THE FIDELITY INVESTMENT COMPANY, a Corporation, Appellant, v. JOHN HALE, Register of Deeds, Sedgwick County, Kansas, and LEE B. CONNELL, Consumer Credit Commissioner, Appellees.

Supreme Court of Kansas.

Opinion filed June 9, 1973.

Attorney(s) appearing for the Case

Herbert H. Hopper, of Wichita, argued the cause and was on the brief for the appellant.

Donald R. Hoffman, assistant attorney general, argued the cause, and Vern Miller, attorney general, and James P. Payne, assistant attorney general, were on the brief for the appellees.

The opinion of the court was delivered by

HARMAN, C.:

This is a declaratory judgment action challenging as to plaintiff the application and validity of the truth-in-lending act (K.S.A. 1972 Supp. 16-801, et seq.), particularly that part requiring annual payment of a fee based on volume of business (16-808 [g] [2]). At issue is liability for fees for the years 1969 through 1973, inasmuch as the act has now been repealed and superseded effective...

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