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McINTYRE v. BOARD OF COUNTY COMM'RS OF DONIPHAN COUNTY

No. 37,652

168 Kan. 115 (1949)

211 P.2d 59

T.W. McINTYRE, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF DONIPHAN COUNTY, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 12, 1949.

Attorney(s) appearing for the Case

C.W. Reeder and Robert A. Reeder, both of Troy, argued the cause, and were on the briefs for appellant.

Robert Guier and A.O. Delaney, Jr., both of Troy, argued the cause, and were on the briefs for appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an eminent domain case and involves the question of compensation for land taken in the laying out of a public road. The facts of the case, material for our purposes, are as follows:

The appellant, T.W. McIntyre, is the owner of an eighty acre tract of land, hereinafter referred to as the west eighty. His wife, Ruby, owns an adjoining eighty acre tract, hereinafter referred to as the east...

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