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STATE EX REL. BRANT v. BANK OF AMERICA

No. 86,280.

272 Kan. 182 (2001)

31 P.3d 952

STATE OF KANSAS, ex. rel. DAVID R. BRANT, SECURITIES COMMISSIONER OF KANSAS, Appellee, v. BANK OF AMERICA, TOPEKA, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed September 28, 2001.

Attorney(s) appearing for the Case

Elizabeth Drill Nay, of Lewis, Rice & Fingersh, L.C., of Kansas City, Missouri, argued the cause, and Thomas M. Martin and Scott A. Wissel, of the same firm, were with her on the briefs for appellant.

James W. Clark, special assistant attorney general, office of the Kansas Securities Commissioner, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

This first impression case arises from the defendant Bank of America's (Bank) refusal to comply with subpoenas seeking customer records issued by David R. Brant, Securities Commissioner of Kansas (Commissioner). Each subpoena specifically ordered the Bank not to notify the customer of the subpoena. The Bank refused to honor the subpoenas and to comply with the confidentiality...

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