Fleming Company v. McDonald

The opinion of the court was delivered by

Prager, J.:

This is an action brought by the Fleming Company and two subsidiary corporations, plaintiffs-appellees, seeking a permanent injunction against the Director of Revenue, defendant-appellant, enjoining him from levying and collecting any additional tax upon cigarettes which Fleming had acquired, imprinted with tax indicia, and paid tax on prior to July 1, 1970. The facts in this case are not in dispute. Fleming and its subsidiaries are wholesale grocery companies supplying retail dealers within the state of Kansas. Fleming is a cigarette…