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JAYHAWK CONSTRUCTION CO. v. CITY OF TOPEKA

No. 39,400

176 Kan. 517 (1954)

271 P.2d 769

JAYHAWK CONSTRUCTION COMPANY, INC., Appellant, v. THE CITY OF TOPEKA, and GEORGE SCHNELLBACHER, J. GLEN DAVIS, WILLIAM R. YERKES, LLOYD B. SMITH, and C.M. WILLIAMS, constituting the Board of Commissioners of the City of Topeka, Appellees.

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

E.H. Hatcher, of Topeka, argued the cause, and Harold E. Jones, of Topeka, was with him on the briefs for the appellant.

W. Glenn Hamilton, of Topeka, argued the cause, and Frederic J. Carman, city attorney, of Topeka, was with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was a declaratory judgment action in which the plaintiff asked the court below to determine whether the City of Topeka or the plaintiff, the developer of a new addition in the city, was responsible for the extension of water mains into that addition.

For convenience, the appellant Jayhawk Construction Company, Inc., will be referred to as plaintiff, and appellees City of Topeka and the Board...

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