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GLAZER'S WHOLESALE DRUG CO., INC. v. KANSAS

No. 99-2363-DJW.

145 F.Supp.2d 1234 (2001)

GLAZER'S WHOLESALE DRUG CO., INC., et al., Plaintiffs, v. State of KANSAS, et al., Defendants.

United States District Court, D. Kansas.

January 31, 2001.

Attorney(s) appearing for the Case

Roger M. Theis, John T. Moore, Coy M. Martin, Hinkle Elkouri Law Firm, L.L.C., Wichita, KS, for plaintiffs.

Richard L. Cram, Christopher J. Tymeson, Kansas Dept. of Revenue, Bureau of Legal Services, Topeka, KS, David J. Dunlap, Topeka, KS, Laura M. Graham, Lawrence, KS, Joseph Brian Cox, Kansas Dept. of Revenue, Topeka, KS, Ezra Ginzburg, Lawrence, KS, for defendants.

MEMORANDUM AND ORDER

WAXSE, United States Magistrate Judge.

Plaintiffs bring this action for declaratory and injunctive relief challenging the constitutionality of certain provisions within the Kansas Liquor Control Act, K.S.A., 41-101 et seq. ("KLCA" or "the Act"). More specifically, Plaintiffs assert those provisions within the KLCA that prohibit nonresident individuals — or any corporation containing a nonresident officer, director or shareholder...

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