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ACTIVATOR SUPPLY CO. v. WURTH

Nos. 58,441, 58,136

239 Kan. 610 (1986)

722 P.2d 1081

ACTIVATOR SUPPLY COMPANY, INC., and CULTURE FARMS, INC., Appellants, v. JOHN R. WURTH, SECURITIES COMMISSIONER, Appellee. ACTIVATOR SUPPLY COMPANY, INC., and CULTURE FARMS, INC., Appellees, v. JOHN R. WURTH, SECURITIES COMMISSIONER, Appellant.

Supreme Court of Kansas.

Opinion filed July 18, 1986.

Attorney(s) appearing for the Case

Robert H. Bretz, P.C., of Los Angeles, California, argued the cause, and Craig Anderson, of Cosgrove, Webb & Oman, of Topeka, J. Stewart McWilliams and Charles E. Kelly III, of Linde Thomson Fairchild Langworthy Kohn & Van Dyke, P.C., of Overland Park, and John C. Frieden, of Frieden & Forbes, of Topeka, were with him on the briefs for appellants in Case No. 58,441.

Craig A. Stancliffe, associate general counsel for the securities commissioner, argued the cause and was on the brief for appellee in Case No. 58,441.

Craig A. Stancliffe, associate general counsel for the securities commissioner, and special assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, Larry V. Christ, general counsel for the securities commissioner, and David D. Plinsky, assistant attorney general, were with him on the brief for appellant in Case No. 58,136.

Charles E. Kelly III, of Linde Thomson Fairchild Langworthy Kohn & Van Dyke, P.C., of Overland Park, argued the cause, and J. Stewart McWilliams, of the same firm, was with him on the brief for appellee in Case No. 58,136.

The opinion of the court was delivered by

PRAGER, J.:

These are two civil appeals arising from the same district court case in which the trial court upheld an administrative order of the Kansas Securities Commissioner ordering Activator Supply Company, Inc., (ASC) and Culture Farms, Inc., (CFI) to cease and desist certain business operations within and without the State of Kansas. The factual circumstances in the case are somewhat complex. Charles A. Briscoe...

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