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GARDEN CITY CO. v. BURDEN

No. 4106.

186 F.2d 651 (1951)

GARDEN CITY CO. et al. v. BURDEN.

United States Court of Appeals Tenth Circuit.

January 2, 1951.

Attorney(s) appearing for the Case

J. E. DuMars, Topeka, Kan. (Clayton M. Davis and Mark L. Bennet, Topeka, Kan., on the brief), for appellants.

Paul R. Kitch, Wichita, Kan. (Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Date M. Stuckey and Donald R. Newkirk, all of Wichita, Kan., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This action was filed in the United States District Court for the District of Kansas, against the Garden City Company, herein referred to as Garden City, and United States Irrigating Company, herein called the Irrigation Company, for damages to plaintiff's alfalfa land caused by the negligence of the defendants in the operation of the Great Eastern Canal an irrigation canal crossing plaintiff's land...

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