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STATE, EX REL., v. TRIPLETT

No. 46,998

213 Kan. 381 (1973)

517 P.2d 136

STATE OF KANSAS, ex rel., DARRELL D. CARLTON, State Labor Commissioner, Appellant, v. TOM C. TRIPLETT, WILLIAM V. CRANK, and BARBARA SAMUELSON, et al., Appellees.

Supreme Court of Kansas.

Opinion filed December 8, 1973.

Attorney(s) appearing for the Case

F. Duane Roberts, of Topeka, argued the cause and was on the brief for the appellant.

Thomas P. Garretson, of Martin, Pringle, Schell and Fair, of Wichita, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

FOTH, C.:

The issue in this case is whether incorporators who did no more than sign the articles of incorporation of a defectively formed Kansas corporation thereby became personally liable for obligations later incurred by others acting in the name of the purported corporation.

The purported corporation was "Air Capital International, Inc.," which commenced doing business in August, 1967, and continued until...

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