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CITY OF MOUND CITY v. CARBON

No. 37,870

169 Kan. 228 (1950)

218 P.2d 204

THE CITY OF MOUND CITY, LINN COUNTY, KANSAS, Appellant, v. HENRY CARBON, doing business as Carbon Implement Company; SOCONY-VACUUM OIL COMPANY, INC., Appellees.

Supreme Court of Kansas.

Opinion filed May 6, 1950.

Attorney(s) appearing for the Case

Leighton A. Fossey, of Mound City, argued the cause, and was on the briefs for the appellant.

Douglas G. Hudson, of Fort Scott, argued the cause, and Douglas Hudson and Howard Hudson, both of Fort Scott, were with him on the briefs for the appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

This was a suit for a mandatory injunction to require defendants to move gasoline pumps situated within the street, as platted, in the parking near the curb. Plaintiff appealed from an adverse judgment.

The action was authorized by resolution of the city governing body declaring that the gasoline pumps as so located constitute an encroachment upon the public street and an obstruction thereof and...

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