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STATE EX REL. MORRISON v. OSHMAN SPORTING GOODS CO. KANSAS

No. 86,035.

30 Kan. App.2d 383 (2002)

42 P.3d 197

STATE OF KANSAS ex rel. PAUL J. MORRISON, District Attorney, Tenth Judicial District, Appellee, v. OSHMAN SPORTING GOODS CO. KANSAS, d/b/a OSHMAN'S SUPERSPORTS USA, Appellant.

Court of Appeals of Kansas.

Opinion filed March 15, 2002.

Attorney(s) appearing for the Case

Daniel O. Herrington, of Armstrong Teasdale, LLP, of Kansas City, Missouri, for appellant.

Steven J. Obermeier, assistant district attorney, and Paul J. Morrison, district attorney, for appellee.

Before MARQUARDT, P.J., KNUDSON, J., and ROGG, S.J.

ROGG, J.:

Oshman Sporting Goods Co. Kansas (Oshman) appeals the imposition of civil penalties for overcharges on merchandise in violation of the weights and measures statutes, K.S.A. 83-201 et seq., and the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq. We reverse.

Oshman owned a sporting goods store in Johnson County, Kansas. In 1998, the Kansas Department of Agriculture randomly selected...

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