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McLEAN INV. CO. v. CITY OF WICHITA

No. 39,243

176 Kan. 55 (1954)

268 P.2d 956

THE B.F. McLEAN INVESTMENT COMPANY, a Corporation, Appellee, v. THE CITY OF WICHITA, a Municipal Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1954.

Attorney(s) appearing for the Case

Dale M. Stucky, of Wichita, argued the cause, and Fred W. Aley, Howard T. Fleeson, Homer V. Gooing, Wayne Coulson, Paul R. Kitch, Donald R. Newkirk, Gerrit H. Wormhoudt, and Theodore C. Geisert, all of Wichita, were with him on the brief for the appellant.

Morris H. Cundiff, of Wichita, argued the cause, and Dale M. Bryant, Garner E. Shriver, and Glenn J. Shanahan, all of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This appeal arises out of a proceeding in eminent domain, the principal question being whether the trial court erred in refusing to submit special questions requested by the city.

In February of 1952 the city of Wichita commenced a proceeding to condemn lands lying along the Arkansas River for use in a flood control project. At that time The B.F. McLean Investment Company owned a tract of about...

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