STATE EX REL. SCHNEIDER v. LIGGETT

No. 49,446

223 Kan. 610 (1978)

576 P.2d 221

STATE OF KANSAS, ex rel. CURT T. SCHNEIDER, ATTORNEY GENERAL, Petitioner-Appellee, KANSAS HOSPITAL ASSOCIATION, THE KANSAS MEDICAL SOCIETY, THE KANSAS HEALTH CARE PROVIDER INSURANCE AVAILABILITY PLAN, Intervenors-Appellees, v. BYRON TIMOTHY LIGGETT, M.D., Respondent-Appellant.

Supreme Court of Kansas.

Opinion filed March 10, 1978.


Attorney(s) appearing for the Case

Michael S. Holland, of Holland & Rupe, of Russell, argued the cause and was on the brief for the appellant.

Donald R. Hoffman, assistant attorney general, argued the cause and Curt T. Schneider, attorney general, was with him on the brief for the petitioner-appellee.

Wayne T. Stratton, of Goodell, Cogswell, Stratton, Edmonds, Palmer & Wright, argued the cause and Charles R. Hay, of the same firm, and Jerry M. Ward, of Ward & Berscheidt, of Great Bend, were with him on the brief for the Kansas Hospital Association and the Kansas Medical Society, intervenors-appellees.

L.M. Cornish, Jr., of Glenn, Cornish & Leuenberger, of Topeka, argued the cause and was on the brief for the Kansas Health Care Provider Insurance Availability Plan, intervenor-appellee.


The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal from an action wherein Dr. Byron Timothy Liggett was enjoined from practicing medicine until he obtained medical malpractice insurance as required by K.S.A. 1976 Supp. 40-3401, et seq. (now K.S.A. 1977 Supp. 40-3401, et seq.). The doctor challenges the constitutionality of the act on the grounds it denies him (1) substantive...

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