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BLUE v. McBRIDE

No. 67,778

252 Kan. 894 (1993)

850 P.2d 852

ALETA BLUE; DONALD R. STEELE; KANSAS CREDIT UNION LEAGUE; CATHOLIC FAMILY FEDERAL CREDIT UNION; MID AMERICAN CREDIT UNION; BOEING WICHITA EMPLOYEES CREDIT UNION; ST. JOSEPH MEDICAL CREDIT UNION; and CREDIT UNION OF AMERICA, Appellees, v. BETTY McBRIDE, Director of Division of Vehicles, Kansas Department of Revenue, and THE STATE OF KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed April 16, 1993.

Attorney(s) appearing for the Case

L.N. Collier, special assistant attorney general, argued the cause and was on the brief for appellants.

David G. Seely, of Fleeson, Gooing, Coulson & Kitch, of Wichita, and Curtis A. Loub, of Boyer, Donaldson & Stewart, of Wichita, argued the cause, and Gerrit H. Wormhoudt, of Fleeson, Gooing, Coulson & Kitch, and Michael L. North, of Boyer, Donaldson & Stewart, were with them on the briefs for appellees.

Patrick R. Barnes, of Scott, Quinlan & Hecht, of Topeka, was on the brief for amicus curiae Kansas Motor Car Dealers Association.

The opinion of the court was delivered by

McFARLAND, J.:

This is an action by two individuals engaged in the automobile brokering business and six credit unions (who refer members interested in the purchase of new automobiles to automobile brokers) against the defendants Director of the Division of Vehicles of the Kansas Department of Revenue and the State of Kansas seeking: (1) a declaratory judgment that S.B. 486 (L. 1990, ch. 52) is unconstitutional and...

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