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UNITED STATES v. KANSAS CITY, KAN.

No. 3339.

159 F.2d 125 (1946)

UNITED STATES v. KANSAS CITY, KAN. et al.

Circuit Court of Appeals, Tenth Circuit.

December 6, 1946.

Attorney(s) appearing for the Case

Dwight D. Doty, of Washington, D. C. (David L. Bazelon, of Washington, D. C., Peter F. Caldwell, of Topeka, Kan., and Roger P. Marquis, of Washington, D. C., on the brief), for appellant.

William Drennan and Alton H. Skinner, both of Kansas City, Kan. (Joseph A. Lynch and Charles W. Lowder, both of Kansas City, Kan., on the brief), for appellees.

Before PHILLIPS, Circuit Judge, and BROADDUS and CHANDLER, District Judges.

BROADDUS, District Judge.

This proceeding was brought in the United States District Court for the District of Kansas at the request of the Secretary of War, to condemn a perpetual easement for construction, operation, maintenance and control of an electric transmission line over the strip of land from a power plant in the State of Missouri to the Sunflower Ordnance Works in Johnson County, Kansas. A portion of the way sought by the action was over the streets, byways...

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