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KANSAS STATE BD. OF PHARMACY v. WILSON

No. 54,009

8 Kan. App. 2d 359 (1983)

657 P.2d 83

THE KANSAS STATE BOARD OF PHARMACY, Appellee, v. LARRY K. WILSON, d/b/a NATURE'S FARMACY, Appellant.

Court of Appeals of Kansas.

Opinion filed January 27, 1983.

Attorney(s) appearing for the Case

James S. Phillips, Jr., of Phillips & Phillips, Chartered, of Wichita, for the appellant.

Robert E. Davis, of Davis, Davis, McGuire & Thompson, Chartered, of Leavenworth, for the appellee.

Before ABBOTT, P.J., STEVEN P. FLOOD, District Judge, assigned, and JOHN W. BROOKENS, District Judge Retired, assigned.

FLOOD, J.:

This is an action by the Kansas State Board of Pharmacy, plaintiff/appellee, for declaratory relief and to enjoin the defendant/appellant, Larry K. Wilson, from using the name "Farmacy" in his currently operated business. The trial court found for the plaintiff and the defendant appeals, claiming that the Kansas Pharmacy Act, K.S.A. 65-1625 et seq., properly interpreted, does not apply to his business, and that his rights to due process and equal...

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