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STATE EX REL. STEPHAN v. KANSAS RACING COMM'N

No. 64,350

246 Kan. 708 (1990)

792 P.2d 971

STATE OF KANSAS ex rel. ROBERT T. STEPHAN, Attorney General, Petitioner, v. THE KANSAS RACING COMMISSION; HARRY ANTHONY, KAY ARVIN, BERT CANTWELL, ALFRED SCHROEDER, AND H. PHILIP MARTIN, in their capacity as Commissioners of the Kansas Racing Commission; and JAMES R. COBLER, Director of Accounts and Reports, Respondents.

Supreme Court of Kansas.

Opinion filed May 25, 1990.

Attorney(s) appearing for the Case

Robert T. Stephan, attorney general, argued the cause, and John W. Campbell, deputy attorney general, and Daniel P. Kolditz, assistant attorney general, were with him for petitioner.

Robert E. Keeshan, of Hamilton, Peterson, Tipton & Keeshan, of Topeka, argued the cause, and Leon B. Graves, of the same firm, was with him on the brief for respondents.

R. Scott Beeler, of Gage & Tucker, of Overland Park, argued the cause, and J. Patrick Shepard, of the same firm, was with him on the brief for intervenor Sunflower Racing, Inc.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is an original action in mandamus brought by the attorney general against the Kansas Racing Commission (Commission), individual members of the Commission, and James R. Cobler, Director of Accounts and Reports. At issue is the $250,000 deposit paid by Sunflower Racing, Inc., (Sunflower) pursuant to K.S.A. 1989 Supp. 74-8815(d). The attorney general is asking...

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