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

No. 86,035

275 Kan. 763 (2003)

69 P.3d 1087

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.

Supreme Court of Kansas

Opinion filed May 30, 2003.

Attorney(s) appearing for the Case

Daniel O. Herrington, of Armstrong Teasdale LLP, of Kansas City, Missouri, argued the cause and was on the briefs for appellant.

David L. Harder, assistant district attorney, argued the cause, and Steven J. Obermeier, assistant district attorney, and Paul J. Morrison, district attorney, were on the brief for appellee.

The opinion of the court was delivered by:

LUCKERT, J.:

Oshman Sporting Goods Co. Kansas, d/b/a Oshman's Supersports USA (Oshman) appealed the district court's 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. The Court of Appeals reversed in a published decision with one judge dissenting, and...

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