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POLZIN v. NATIONAL COOPERATIVE REFINERY ASS'N

No. 38,888

175 Kan. 531 (1954)

266 P.2d 293

WILLIAM M. POLZIN, Appellee, v. NATIONAL COOPERATIVE REFINERY ASSOCIATION, a Corporation, and NORTHERN ORDNANCE, INCORPORATED, Appellants.

Supreme Court of Kansas.

Opinion filed January 23, 1954.

Attorney(s) appearing for the Case

Emmet A. Blaes, and Verne M. Laing, both of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Lester L. Morris, Ferd E. Evans, Jr., and Ralph R. Brock, all of Wichita, and R.C. Russell, Isabel Obee and Don C. Foss, all of Great Bend, were with them on the briefs for the appellants.

Boyce P. Hardman, of Great Bend, argued the cause, and Herbert Diets, of Great Bend, was with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

This was an action to recover damages for the pollution of plaintiff's land, more particularly a deep water well, pursuant to the provisions of G.S. 1949, 55-121.

A mistrial resulted and defendants have appealed solely from an order overruling their separate demurrers to plaintiff's evidence. For brevity we shall refer to appellant, National Cooperative Refinery Association, as "National," and to...

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