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LAKEVIEW GARDENS, INC. v. STATE, EX REL. SCHNEIDER

No. 48,416

221 Kan. 211 (1976)

557 P.2d 1286

LAKEVIEW GARDENS, INC., Appellant, v. STATE OF KANSAS, ex rel. CURT SCHNEIDER, Attorney General; KEITH SANBORN, District Attorney for the 18th Judicial District of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed December 11, 1976.

Attorney(s) appearing for the Case

W.A. Kahrs, of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, argued the cause, and Larry A. Withers, of the same firm, was with him on the brief for the appellant.

Robert J. Hornung, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Jon Small, assistant attorney general, Keith Sanborn, district attorney, and Jack N. Williams and Georgia A. Staton, assistant district attorneys, were with him on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

This is a declaratory judgment action brought by Lakeview Gardens, Inc., a cemetery corporation, to obtain judicial interpretation of K.S.A. 16-301 as it may apply to Lakeview's preneed funeral contracts for the sale of caskets. Lakeview unsuccessfully sought to obtain an order of the trial court declaring its contracts for the sale of caskets to be outside the provisions of the statute. The trial court...

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