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KAUL v. STATE, DEPT. OF REVENUE

No. 79,647.

266 Kan. 464 (1998)

970 P.2d 60

KATHY KAUL, CEO INDIAN COUNTRY GENERAL STORE, INC.; and ROGER KAUL d/b/a ROGER'S SERVICE, Appellants, v. STATE OF KANSAS DEPARTMENT OF REVENUE, and JOHN LAFAVER, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE DEPARTMENT OF REVENUE AND INDIVIDUALLY, Appellees.

Supreme Court of Kansas.

Opinion filed December 18, 1998.

Attorney(s) appearing for the Case

Pantaleon Florez, Jr., of Florez & Frost, P.A., of Topeka, argued the cause, and Kurt L. James, of the same firm, was with him on the briefs for appellants.

John Michael Hale, of Kansas Department of Revenue, argued the cause, and Jason L. Reed and Christopher J. Tymeson, legal interns, were with him on the briefs for appellees.

The opinion of the court was delivered by

LOCKETT, J.:

Kansas retailers in the business of selling motor fuel are wholly owned by Native Americans, but not members of an Indian reservation within the borders of this state where their retail establishments are located. Neither the Prairie Band of Kansas Potawatomi nor any member of the tribal reservation upon which the Retailers are located is a party to this suit. The district court found the Native American...

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