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KANSAS CITY TERMINAL RAILWAY CO. v. CITY OF KANSAS CITY

Nos. 38,690, 38,691

173 Kan. 473 (1952)

249 P.2d 671

KANSAS CITY TERMINAL RAILWAY COMPANY, a corporation, Appellant, v. CITY OF KANSAS CITY, KANSAS, a municipal corporation; CLARK E. TUCKER, FRANCIS W. BLAKE and EDWARD W. BECKER, members of and constituting the board of commissioners of said city, Appellees. UNION PACIFIC RAILROAD COMPANY, a corporation, Appellant, v. CITY OF KANSAS CITY, KANSAS, a municipal corporation; CLARK E. TUCKER, FRANCIS W. BLAKE and EDWARD W. BECKER, members of and constituting the board of commissioners of said city, Appellees.

Supreme Court of Kansas.

Opinion filed November 8, 1952.

Attorney(s) appearing for the Case

Thomas M. Van Cleave, of Kansas City, argued the cause, and Horace F. Blackwell, Jr., and John H. Lathrop, both of Kansas City, were with him on the briefs for the appellant, in No. 38, 690.

T.M. Lillard, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis and James W. Porter, all of Topeka, and N.E. Snyder, of Kansas City, were with him on the briefs for the appellant, in No. 38,691.

William H. Towers, deputy city attorney, argued the cause, and C.W. Brenneisen, Jr., city attorney, was with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

The plaintiff railroad companies each filed an action to enjoin enforcement of ordinances pertaining to the erection of a viaduct and to fixing of assessments for its cost. After the petitions were filed the defendant city filed its motions to strike certain allegations of the petitions and thereafter the trial court sustained the motions in part and the railroad companies perfected appeals to this court...

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