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MIZER v. KANSAS BOSTWICK IRRIGATION DISTRICT

No. 38,549

172 Kan. 157 (1951)

239 P.2d 370

CHARLES MIZER, R.J. SWEARINGEN, ELMER E. ANDERSON and HOWARD BARBER, Appellees, v. KANSAS BOSTWICK IRRIGATION DISTRICT No. 2, F.H. GARMAN, WARD DOUGLAS, ALBERT BILLINGS and FRED SWOYER, for Himself and Other Landowners similarly situated as Intervenors, Appellants.

Supreme Court of Kansas.

Opinion filed December 8, 1951.

Attorney(s) appearing for the Case

Fred Swoyer, of Belleville, argued the cause and N.J. Ward, of Belleville, was with him on the briefs for the appellants.

David Prager, of Topeka, argued the cause and Edward Rooney and Jacob A. Dickinson, both of Topeka, were with him on the briefs for the appellees.

Paul W. Applegate, of Wakeeney, and Arno Windscheffel, of Smith Center, as amici curiae.

The opinion of the court was delivered by

SMITH, J.:

This is an action by taxpayers to enjoin the officers of an irrigation district and the district itself from proceeding pursuant to a contract with the federal government. Judgment was for the plaintiffs. Defendants have appealed.

The petition alleged first the action was brought by four named plaintiffs and certain other persons similarly situated; that one defendant was an incorporated irrigation...

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