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DEVINE v. CITY OF SEWARD

No. 38,993

174 Kan. 734 (1953)

258 P.2d 302

ANNA DEVINE, HUBERT DEVINE and RAY S. SCHULZ, Appellants, v. THE CITY OF SEWARD, KANSAS, a municipal corporation; WILLIAM LANG, Mayor; RUSSELL KEENAN, Councilman; WILLIAM WOODWARD, Councilman; ROBERT FUQUA, Councilman; FRANCIS KEENAN, Councilman; CHARLES B. LEE, Councilman, Appellees.

Supreme Court of Kansas.

Opinion filed June 6, 1953.

Attorney(s) appearing for the Case

Ray S. Schulz, of Great Bend, argued the cause, and Harry K. Allen, of Topeka, was with him on the briefs for the appellants.

Evart Garvin, of St. John, argued the cause, and Robert Garvin and Morris Garvin, both of St. John, were with him on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

Plaintiff commenced an action against the defendant city and the members of its governing body for interlocutory relief and for a permanent injunction to enjoin the city from opening a dedicated street. A demurrer to the petition having been sustained, the plaintiffs appeal.

In order that the allegations of the petition might be more readily understood...

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