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STATE EX REL. STOVALL v. CONFIMED.COM, L.L.C.

No. 87,177

272 Kan. 1313 (2002)

38 P.3d 707

STATE OF KANSAS ex rel. CARLA J. STOVALL, Attorney General, Appellant, and KANSAS BOARD OF PHARMACY v. CONFIMED.COM, L.L.C., d/b/a VSOURCE and CONFIMED.COM., Defendants, and H. LEVINE, M.D., Appellee.

Supreme Court of Kansas.

Opinion filed January 25, 2002.

Attorney(s) appearing for the Case

David L. Harder, assistant attorney general, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellant.

James R. Jarrow, of Baker Sterchi Cowden & Rice, L.L.C., of Overland Park, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

This appeal presents the narrow question of whether a nonresident medical doctor who was later enjoined from prescribing or dispensing prescription medicine within the state of Kansas also committed unconscionable acts under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq., when he dispensed the sexual enhancement drug Viagra to Kansas residents without any physical examination or...

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