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WESTERN SHALE PRODUCTS CO. v. CITY OF FORT SCOTT

No. 39,166

175 Kan. 643 (1954)

266 P.2d 327

WESTERN SHALE PRODUCTS COMPANY, Appellant, v. THE CITY OF FORT SCOTT, a Municipal Corporation, Appellee. WESTERN SHALE PRODUCTS COMPANY, Appellant, v. THE CITY OF FORT SCOTT, a Municipal Corporation, in the Matter of Condemnation by the City of Fort Scott, Appellee.

Supreme Court of Kansas.

Opinion filed January 23, 1954.

Attorney(s) appearing for the Case

Walter B. Patterson, of Fort Scott, argued the cause, and Ernest E. Blincoe, of Fort Scott, was with him on the briefs for the appellant.

Howard Hudson, of Fort Scott, argued the cause, and Douglas Hudson, and Douglas G. Hudson, both of Fort Scott, and F.W. Bayless, city attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

Two actions were consolidated for trial in the district court. They have not been tried. The plaintiff appeals from intermediate orders involving pleadings.

We shall continue to refer to Western Shale Products Company, as the plaintiff, and to the defendant, the city of Fort Scott, as the city.

This is the second chapter in this controversy. On a previous appeal by plaintiff it was held...

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