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STATE EX REL. STOVALL v. ALIVIO

No. 88,736

275 Kan. 169 (2003)

61 P.3d 687

STATE OF KANSAS, ex rel. CARLA J. STOVALL, Attorney General, and KANSAS BOARD OF PHARMACY, Plaintiffs/Appellees, v. ROY C. ALIVIO, BO PLATT, and MALE CLINIC, L.L.C., d/b/a MALE CLINIC, DAVID HAIRHOGER, d/b/a COMMUNITY DRUG OF PITTSBURGH, Defendants/Appellees, MILES JONES, M.D., Defendant/Appellant, and RICK WILLIAMS, M.D., Defendant/Appellee.

Supreme Court of Kansas

Opinion filed January 24, 2003.

Attorney(s) appearing for the Case

Rachel Mackey, of Oyler & Pauzauskie, of Topeka, argued the cause, Stanley E. Oyler, of the same firm, was with her on the brief for appellant.

Stacy A. Jeffress, assistant attorney general, argued the cause and was on the brief for appellee State of Kansas.

The opinion of the court was delivered by

NUSS, J.:

Defendant Miles Jones, M.D., appeals the district court's denial of his motion to set aside a default judgment against him. We transferred from the Court of Appeals on our own motion under K.S.A. 20-3018(c) and now consider two issues: First, whether the district court abused its discretion in denying Jones' motion; second, whether the district court improperly considered inadmissible evidence in making its...

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