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STATE, EX REL., v. KANSAS TURNPIKE AUTHORITY

No. 39,571

176 Kan. 683 (1954)

273 P.2d 198

THE STATE OF KANSAS, ex rel., HAROLD R. FATZER, Attorney General, Plaintiff, v. KANSAS TURNPIKE AUTHORITY, and GALE MOSS, BYRON GOURLEY, O.W. DAVIS, E. BERT COLLARD, ALLEN HODNETT, FRANCIS JACOBS, and WILL TOWNSLEY, Members Thereof, Defendants.

Supreme Court of Kansas.

Opinion filed July 24, 1954.

Attorney(s) appearing for the Case

William Paul Timmerman, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, was with him on the brief for the plaintiff.

Gale Moss, of El Dorado, argued the cause, and was on the brief for the defendants.

The opinion of the court was delivered by

THIELE, J.:

This is an original action in quo warranto brought by the state of Kansas on the relation of the attorney general to oust the Kansas Turnpike Authority, hereafter referred to as the Authority, from attempting to exercise the powers and duties purportedly conferred by Laws 1953, Ch. 308, now appearing as G.S. 1953 Supp., 68-2001 to 68-2020 both inclusive, references hereafter being made to the latter under...

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