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STATE EX REL. OWENS v. COLBY

No. 53,596

231 Kan. 498 (1982)

646 P.2d 1071

STATE OF KANSAS, ex rel., CLARK V. OWENS, DISTRICT ATTORNEY OF SEDGWICK COUNTY, Appellant, v. MORTON COLBY and BIG 3 AUTO PRODUCTS, INC., Appellees.

Supreme Court of Kansas.

Appeal filed June 11, 1982.

Attorney(s) appearing for the Case

E. Dwight Taylor, deputy district attorney, argued the cause, and Robert T. Stephan, attorney general, Clark V. Owens, district attorney, and Mark A. Vining, assistant district attorney, were with him on the brief for the appellant.

Joseph O. Giaimo, of Giaimo & Vreeburg, of Forest Hills, New York, and Jim Lawing, of Wichita, argued the cause and were on the brief for the appellees.

The opinion of the court was delivered by

FROMME, J.:

The State appeals from the dismissal of charges following a preliminary hearing. K.S.A. 22-3602(b)(1). The defendants, Big 3 Auto Products, Inc., its president, Morton Colby, and two sales representatives were charged with three violations of the Kansas Securities Act. These charges were for selling securities without prior registration (K.S.A. 17-1255)...

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