SWOPE v. KANSAS CITY

No. 2562.

132 F.2d 788 (1942)

SWOPE et al. v. KANSAS CITY, KAN., et al.

Circuit Court of Appeals, Tenth Circuit.

December 31, 1942.


Attorney(s) appearing for the Case

Melvin E. Buck, of Kansas City, Kan., and Frank Schibsby, of Kansas City, Mo. (Geo. B. Reinhardt, of Kansas City, Mo., on the brief), for appellants.

Alton H. Skinner, of Kansas City, Kan. (Joseph A. Lynch and Harry G. Miller, Jr., both of Kansas City, Kan., on the brief), for appellees City of Kansas City, Kansas, and Minnesota Avenue, Inc., and Roy Wheat, Frank Brown and Frank M. Holcomb.

T. M. Lillard, of Topeka, Kan. (O. B. Eidson and P. H. Lewis, both of Topeka, Kan., on the brief), for appellee Union Pacific Railroad Company.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.


HUXMAN, Circuit Judge.

The City of Wyandotte, now Kansas City, Kansas, was founded in 1859. Among the tracts of land dedicated to public uses was one designated upon the plat as "The Levee." It was described as "Extending from the northern boundary of Ferry Tract to the northern boundary of the town, and from the front lots to the Rivers." This tract has grown by accretion to several times its original size and now comprises approximately 105 acres.

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