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HOUSE OF SCHWAN, INC. v. NORWOOD

No. 79,092.

25 Kan. App.2d 539 (1998)

966 P.2d 89

HOUSE OF SCHWAN, INC., CAPITAL DISTRIBUTING CO., INC., MIDWEST DISTRIBUTORS CO., INC., WESTERN BEVERAGE, INC., CITY BEVERAGE CO., INC., and SLAYMAN BEVERAGE CO., INC., Appellants, v. BERNIE NORWOOD, DIRECTOR OF ALCOHOLIC BEVERAGE CONTROL, and DEPARTMENT OF REVENUE, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, Appellees.

Court of Appeals of Kansas.

Opinion filed October 2, 1998.

Attorney(s) appearing for the Case

Darin M. Conklin and W. Robert Alderson, of Alderson, Alderson, Weiler, Conklin, Burghart & Crow, L.L.C., of Topeka, Max E. Estes, of Max Eugene Estes, P.A., of Dodge City, Charles F. Marvine, Jr., of Couch, Strausbaugh, Pierce & King, Chtd., of Overland Park, and David S. Elkouri, of Hinkle, Eberhart & Elkouri, L.L.C., of Wichita, for appellants.

No appearance by appellees.

Before BRAZIL, C.J., GERNON and PIERRON, JJ.

BRAZIL, C.J.:

Plaintiffs/appellants appeal the decision of the district court dismissing their petition for judicial review of the ruling by the Director of Alcoholic Beverage Control (ABC), Bernie Norwood, that the Director of ABC and the Department of Revenue, Division of ABC, did not have jurisdiction pursuant to K.S.A. 41-410 to determine whether reasonable cause existed for the termination of appellants' franchise agreements for the distribution of Grolsch beer...

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