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KANSAS CITY MILLWRIGHT CO., INC. v. KALB

No. 48,319

221 Kan. 658 (1977)

562 P.2d 65

KANSAS CITY MILLWRIGHT COMPANY, INC., Appellee, v. F. KENT KALB, Successor to Harold A. Armold, Director of Taxation, State of Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed March 5, 1977.

Attorney(s) appearing for the Case

Benjamin J. Neill, of department of revenue, argued the cause, and William N. Lacy, of department of revenue, was with him on the brief for the appellant.

Murray F. Hardesty, of Hardesty, Hall & Schlosser, Chartered, of Topeka, argued the cause, and Bryon R. Schlosser, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

The question presented by this appeal is the constitutionality of K.S.A. 1974 Supp. 79-3603 (p) (now K.S.A. 1976 Supp. 79-3603 [p]). The district court of Shawnee County found this section of the statute vague and ambiguous and held it void and unconstitutional.

Kansas City Millwright Company, Inc., (plaintiff-appellee) is a Kansas corporation engaged in the original construction...

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