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KANSAS TOBACCO-CANDY DISTRIBUTORS & VENDORS v. McDONALD

No. 47,070

214 Kan. 67 (1974)

519 P.2d 1110

KANSAS TOBACCO-CANDY DISTRIBUTORS & VENDORS, INC., a Kansas Corporation, On Its Own Behalf and on Behalf of Its Members and All Others Similarly Situated, Appellant, v. JAMES T. McDONALD, as Director of Revenue of the State of Kansas, or His Successor On and After July 1, 1972, as Director, or Acting Director of Taxation of the Division of Revenue of the Department of Revenue of the State of Kansas, and v. WALTER H. PEERY, or His Successor as State Treasurer of the State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

T.M. Murrell and Franklin Corrick, of Topeka, argued the cause, and were on the brief for the appellant.

Jonathan P. Small, Assistant Attorney General, argued the cause, and Vern Miller, Attorney General, William P. Coates, Jr., Assistant Attorney General, William L. Harris, Jr., General Counsel, Department of Revenue, and J. Bruce Gammon, Counsel, Department of Revenue, were with him on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an action for an injunction brought by the plaintiff-appellant, Kansas Tobacco and Candy Distributors and Vendors, Inc., on behalf of itself and its members to enjoin James T. McDonald, Director of Revenue, and Walter H. Peery or his Successor as State Treasurer, from enforcing the provisions of the Tobacco Products Act of 1972. (K.S.A. 1972 Supp. 79-3370 through 79-3388.) The plaintiff claims that...

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