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BINGO CATERING & SUPPLIES, INC. v. DUNCAN

No. 57,279

237 Kan. 352 (1985)

699 P.2d 512

BINGO CATERING AND SUPPLIES, INC.; TRI G & L, INC.; BINGO ALLEY, INC.; MID AMERICA CONSULTING, INC.; BINGO WINNERS, INC.; B.F.H. INVESTMENTS, INC.; BENTON BUILDING COMPANY; MERRIAM SERTOMA CLUB, INC.; Appellees, v. HARLEY T. DUNCAN, Secretary of Revenue of the State of Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed May 10, 1985.

Attorney(s) appearing for the Case

D. Philip Wilkes, of Legal Services Bureau, Department of Revenue, argued the cause, and William L. Edds, general counsel, Legal Services Bureau, Department of Revenue, was with him on the brief for appellant.

John Ivan, of Shawnee Mission, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the defendant, the Secretary of Revenue, from an order of the Shawnee County District Court holding paragraphs (q) and (s) of K.S.A. 79-4706 unconstitutional, and a cross-appeal by the plaintiffs, Bingo Catering and Supplies, Inc., et al., from the same order finding paragraph (r) of the same statute constitutional. The sole issue before us is the constitutionality of those three...

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