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STATE EX REL. MILLER v. RICHARDSON

No. 51,208

229 Kan. 234 (1981)

623 P.2d 1317

STATE OF KANSAS, ex rel., VERN MILLER, DISTRICT ATTORNEY, for the 18th Judicial District of Kansas, Petitioner-Appellee, v. WALTER C. RICHARDSON, Sedgwick County Treasurer, Respondent-Appellant.

Supreme Court of Kansas.

Opinion filed February 28, 1981.

Attorney(s) appearing for the Case

Russell Shultz, of Shultz, Fry & Fisher, of Wichita, argued the cause and was on the brief for the appellant-respondent.

Jack Peggs, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Vern Miller, district attorney, were with him on the brief for the appellee-petitioner.

The opinion of the court was delivered by

FROMME, J.:

Walter C. Richardson appeals from an order declaring a forfeiture of his public office. He was treasurer of Sedgwick County, Kansas. The order was entered by a three-judge panel sitting en banc. The quo warranto proceeding was brought under K.S.A. 60-1201 et seq.

K.S.A. 60-1202 in pertinent part provides:

"Such action may be brought ... in the district court in the following cases...

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