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STATE EX REL. STOVALL v. DVM ENTERPRISES, INC.

No. 88,657

275 Kan. 243 (2003)

62 P.3d 653

STATE OF KANSAS ex rel. CARLA J. STOVALL, Attorney General, and KANSAS BOARD OF PHARMACY, Appellants, v. DVM ENTERPRISES, INC., d/b/a/ CYBRXPRESS; JOHN S. STIVERSON, a/k/a/ SCOTT STIVERSON, d/b/a STIVERCORP, and d/b/a ONLINE PHYSICIANS; DANIEL THOMPSON, M.D.; and HOME PRESCRIPTION SERVICES, INC., Appellees.

Supreme Court of Kansas

Opinion filed January 31, 2003.

Attorney(s) appearing for the Case

James R. McCabria, assistant attorney general, argued the cause, and Stacy A. Jeffress, assistant attorney general, and Carla J. Stovall, attorney general, were with him on the briefs for appellant.

Michael E. Francis, of Topeka, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

DAVIS, J.:

This is an appeal by the State of Kansas from a summary judgment granted in favor of DVM Enterprises, Inc. (DVM) and Daniel Thompson, M.D. The sole issue on appeal is whether the acts or practices of the defendants in selling controlled substances over the internet were unconscionable under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq....

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