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IN RE CHICAGO, R. I. & P. RY. CO.

No. 536-N.

28 F.2d 56 (1928)

In re CHICAGO, R. I. & P. RY. CO.

District Court, D. Kansas, First Division.

August 20, 1928.

Attorney(s) appearing for the Case

Luther Burns and John Dumars, both of Topeka, Kan., for Chicago, R. I. & P. Ry. Co.

A. E. Crane, of Topeka, Kan., for drainage district.

McDERMOTT, District Judge.

In 1911 the Legislature of Kansas passed a law providing for the creation of drainage districts, with the usual rights of condemnation and taxation. Section 24 — 518, R. S. Kan. 1923, provides that "all * * * taxes * * * shall be levied * * * in proportion to the benefits derived. * * *" The next section provides that the district, through its board of directors, shall appoint a benefit and damages commission, whose duty it is "to...

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