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FOSTER v. CITY OF AUGUSTA

Nos. 37,882, 37,883, 37,886, 37,887, 38,000, 38,001, 38,002, 38,042

170 Kan. 5 (1950)

223 P.2d 730

IRA M. FOSTER, Appellant, v. THE CITY OF AUGUSTA, KANSAS, Appellee. LAURENCE L. WILSON, Appellant, v. THE CITY OF AUGUSTA, KANSAS, Appellee. CATHERINE CARTER, Appellant, v. THE CITY OF AUGUSTA, KANSAS, Appellee. M.S. LOOMIS, Appellant, v. THE CITY OF AUGUSTA, KANSAS, Appellee. IRA M. FOSTER, Appellee, v. THE CITY OF AUGUSTA, KANSAS, Appellant. LAURENCE L. WILSON, Appellee, v. THE CITY OF AUGUSTA, KANSAS, Appellant. M.S. LOOMIS, Appellee, v. THE CITY OF AUGUSTA, KANSAS, Appellant. CATHERINE CARTER, Appellee, v. THE CITY OF AUGUSTA, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed November 10, 1950.

Attorney(s) appearing for the Case

John F. Eberhardt, of Wichita, argued the cause, and J.B. McKay, of El Dorado, and George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, Stuart R. Carter, Thomas E. Woods and Robert C. Foulston, Jr., all of Wichita, were with him on the briefs for the appellants in cases numbered 37,882, 37,883, 37,886 and 37,887, and for the appellees in cases numbered 38,000, 38,001, 38,002 and 38,042.

K.M. Geddes and George J. Benson, both of El Dorado, argued the cause, and Fred R. Vieux, of Augusta, was with them on the briefs for the appellee in cases numbered 37,882, 37,883, 37,886 and 37,887, and for the appellant in cases numbered 38,000, 38,001, 38,002 and 38,042.

The opinion of the court was delivered by

PRICE, J.:

These consolidated eight appeals are the third appearance in this court of litigation involving the parties in their actions to recover damages from the City of Augusta alleged to have resulted from a flood control project undertaken by the city.

The factual background of the matter is set forth in our two former opinions in Loomis v. City of Augusta, 151 Kan. 343, 99 P.2d 988, and Foster...

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