STATE EX REL. STEPHAN v. HARDER

No. 53,132

230 Kan. 573 (1982)

641 P.2d 366

STATE OF KANSAS, ex rel., ROBERT T. STEPHAN, Attorney General, Appellant, v. ROBERT C. HARDER, Secretary of the Kansas Department of Social and Rehabilitation Services, and the KANSAS MEDICAL SOCIETY, Appellees.

Supreme Court of Kansas.

Opinion filed February 17, 1982.


Attorney(s) appearing for the Case

Dan Biles, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Bruce A. Roby, of Topeka, argued the cause and was on the brief for appellee Robert C. Harder, Secretary of the Kansas Department of Social and Rehabilitation Services.

Charles R. Hay, of Goodell, Stratton, Edmonds, Palmer & Wright, of Topeka, argued the cause, and Wayne T. Stratton, of the same firm, was with him on the brief for appellee Kansas Medical Society.

Michael W. Merriam, of Colmery, McClure, Funk, Letourneau & Entz, of Topeka, was on the brief for amici curiae Stauffer Communications, Inc., The Kansas City Star Company, Wichita Eagle and Beacon Publishing Co., Inc.

David P. Woodbury, of Woodbury & Pickell, of Westwood, was on the brief for amicus curiae American Civil Liberties Union of Kansas.


The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the State on relation of the attorney general from the decision of the Shawnee District Court in a declaratory judgment action. The principal issue is whether the custodian of public records which contain some information made confidential by law is required upon request to disclose nonconfidential information contained therein, under the provisions of the Kansas public records inspection...

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