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KANSAS HIGHWAY PATROL v. 1985 CHEVROLET ASTRO VAN

No. 77,239.

24 Kan. App.2d 841 (1998)

954 P.2d 718

KANSAS HIGHWAY PATROL ex rel. PAWNEE COUNTY ATTORNEY JOHN M. SETTLE, Appellant, v. 1985 CHEVROLET ASTRO VAN VIN#IGCDM15NOFB177466; SMITH & WESSON MODEL 60 REVOLVER, SERIAL #16149; $2,127.00 U.S. DOLLARS, Appellees.

Court of Appeals of Kansas.

Opinion filed February 13, 1998.

Attorney(s) appearing for the Case

John M. Settle, county attorney, for the appellant.

B. G. Larson, of Dodge City, for the appellees.

Before KNUDSON, P.J., PIERRON and MARQUARDT, JJ.

PIERRON, J.:

In this civil forfeiture case, the Kansas Highway Patrol ex rel. Pawnee County Attorney John M. Settle (State), appeals the trial court's decision returning a revolver and cash to the claimant, Don Gepner. We affirm.

On April 21, 1995, Trooper Michael Frederiksen of the Kansas Highway Patrol (KHP) stopped a 1985 Chevrolet Astro Van for improperly displaying a Kansas temporary tag. Theresa A. Gepner was driving and her husband, George Gepner...

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