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KANSAS POWER & LIGHT CO. v. CITY OF GREAT BEND

No. 38,469

172 Kan. 126 (1951)

238 P.2d 544

THE KANSAS POWER AND LIGHT COMPANY, a corporation, Appellant, v. THE CITY OF GREAT BEND, a municipal corporation; JOSEPH A. MERMIS, JR., Mayor; WAYNE E. PRITCHARD, Councilman; LEON MOORE, Councilman; J.J. AMES, Councilman; EARL MOSES, JR., Councilman; J.D. FERRELL, Councilman; FRED KINZEL, Councilman; HERBERT O. SCHREPEL, Councilman; and L.T. SHAFER, Councilman, and BARTON CAROTHERS, City Attorney, Appellees.

Supreme Court of Kansas.

Opinion filed December 8, 1951.

Attorney(s) appearing for the Case

Balfour S. Jeffrey, and Robert E. Russell, both of Topeka, argued the cause, and Clayton E. Kline, M.F. Cosgrove, and C. A. McGaw, of Topeka, and R.C. Russell and Isabel Obee, of Great Bend, were with him on the briefs for the appellant.

Barton Carothers, of Great Bend, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This action brought by appellant in the district court of Barton county was for an injunction against enforcement of Ordinance No. 1286 of the defendant city. The district court denied the injunction, and this appeal was taken from such order.

Plaintiff (appellant here) is a Kansas public utility corporation and defendants (appellees here) are the City of Great Bend and the officers of that city...

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