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WESTERN SHALE PRODUCTS CO. v. CITY OF FORT SCOTT

Nos. 38,516, 38,517

172 Kan. 336 (1952)

239 P.2d 828

WESTERN SHALE PRODUCTS COMPANY, a Corporation, Appellant, v. THE CITY OF FORT SCOTT, a Municipal Corporation, Appellee. In the Matter of the Appeal of THE CITY OF FORT SCOTT, a Municipal Corporation, et al., from the award of appraisers, Appellee, v. WESTERN SHALE PRODUCTS COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 1952.

Attorney(s) appearing for the Case

Walter B. Patterson, of Fort Scott, argued the cause, and Ernest E. Blincoe, of Fort Scott, was with him on the briefs for the appellant.

Douglas Hudson, of Fort Scott, argued the cause, and F.W. Bayless, Howard Hudson and Douglas G. Hudson, all of Fort Scott, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

These two consolidated appeals are from orders of the lower court denying a motion to dismiss an appeal from an award of appraisers in a condemnation proceeding, and in consolidating for trial in the court below the two cases in question.

For our purposes, a brief sketch of the factual background will be sufficient.

On September 5, 1950, the City...

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