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COLLINS v. YORK

No. 39,370

175 Kan. 511 (1954)

265 P.2d 313

L.C. COLLINS, Plaintiff, v. DON YORK, HARLEY SUTTON and M.C. NAFTZGER, as Commissioners in Condemnation, Appointed by the District Court of Sedgwick County, Kansas, in Case No. A-45682 on the Docket of Said Court, and the City of Wichita, Kansas, a Municipal Corporation, Its Officers, Agents and Employees, Defendants.

Supreme Court of Kansas.

Opinion filed January 6, 1954.

Attorney(s) appearing for the Case

Kenneth G. Speir, of Newton, argued the cause, and Vernon A. Stroberg and Herbert H. Sizemore, both of Newton, were with him on the briefs for the plaintiff.

Robt. B. Morton, of Wichita, argued the cause, and Fred W. Aley, Lawrence E. Curfman and Douglas E. Shay, all of Wichita, were with him on the briefs for the defendants.

The opinion of the court was delivered by

PRICE, J.:

This is an original proceeding in mandamus. A brief statement of its factual background, sufficient for our purposes, is as follows:

On June 29, 1953, the City of Wichita, in the exercise of its right of eminent domain, filed a condemnation action in the district court of Sedgwick County for the purpose of acquiring a water-supply pipeline right-of-way in connection with a project for the construction...

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