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FARMERS BANSHARES OF ABILENE, INC. v. GRAVES

No. 66,701

250 Kan. 520 (1992)

826 P.2d 1363

FARMERS BANSHARES OF ABILENE, INC., Appellant, v. HON. BILL GRAVES, STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed February 28, 1992.

Attorney(s) appearing for the Case

H. Boone Porter, III, of Lewis, Rice & Fingersh, of Overland Park, argued the cause, and James E. Kelley, Jr., of the same firm, was with him on the briefs for appellant.

Daniel P. Kolditz, deputy attorney general, argued the cause, and Robert T. Stephan, attorney general, and Martha M. Snyder, assistant attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

ABBOTT, J.:

Farmers Banshares of Abilene, Inc., (Farmers) filed this action on behalf of itself and a class of corporations similarly situated, seeking mandamus and injunctive relief to compel the Kansas Secretary of State (the Secretary) to refund corporate franchise taxes that had been collected from the proposed class. The trial court granted the defendant's motion to dismiss and denied Farmers' motions to certify...

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