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KANSAS-BOSTWICK IRRIGATION DISTRICT v. MIZER

No. 39,408

176 Kan. 354 (1954)

270 P.2d 261

KANSAS-BOSTWICK IRRIGATION DISTRICT No. 2, Appellee and Cross Appellant, v. CHARLES MIZER, et al., Appellants and Cross Appellees.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

Jacob A. Dickinson, of Topeka, argued the cause and Edward Rooney, David Prager, William W. Dimmitt, Jr., and Sam A. Crow, all of Topeka, were with him on the briefs for the appellants.

Fred Swoyer, of Belleville, argued the cause, and N.J. Ward, of Belleville, was with him on the briefs for the appellee.

Arno Windscheffel, of Smith Center, was on the briefs for Kirwin Irrigation District as amicus curiae.

The opinion of the court was delivered by

SMITH, J.:

This is one of a series of appeals involving various provisions and phases of G.S. 1949, 42-701 et seq. See State, ex rel., v. Knapp, 167 Kan. 546, 207 P.2d 440, in which the constitutionality of the act was upheld generally. It was a quo warranto action by the state in the name of the attorney general. Mizer v. Kansas Bostwick Irrigation District, 172 Kan. 157

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