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KANSAS CITY v. FAIRFAX DRAINAGE DIST.

No. 38.

34 F.2d 357 (1929)

KANSAS CITY, MO., v. FAIRFAX DRAINAGE DIST. OF WYANDOTTE COUNTY, KAN.

Circuit Court of Appeals, Tenth Circuit.

July 29, 1929.

Attorney(s) appearing for the Case

Fred Robertson, of Kansas City, Kan., and J. C. Petherbridge, of Kansas City, Mo. (John T. Barker, of Kansas City, Mo., on the brief), for appellant.

William Drennan, of Kansas City, Kan., and T. M. Lillard, of Topeka, Kan. (W. C. Rickel and Joseph A. Lynch, both of Kansas City, Kan., on the brief), for appellee.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

LEWIS, Circuit Judge.

Fairfax Drainage District of Wyandotte County, Kansas, organized under the laws of Kansas, brought this action in January, 1928, against Kansas City, Missouri, to recover $12,860.50, with accrued interest and penalties, assessed as special benefits by the drainage district on 54 acres owned by the city. The acreage lies along the bank of the Missouri River in Kansas, all within the drainage district. The complaint alleges that on the land so...

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