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MILES v. CITY OF WICHITA

No. 39,101

175 Kan. 723 (1954)

267 P.2d 943

VERNON H. MILES and MILES SAND SERVICE, Appellees, v. THE CITY OF WICHITA, a Municipal Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed March 6, 1954.

Attorney(s) appearing for the Case

Wayne Coulson, of Wichita, argued the cause and Fred W. Aley, Howard T. Fleeson, Homer V. Gooing, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt and Theodore C. Geisert, all of Wichita, were with him on the briefs for the appellant.

John F. Eberhardt, of Wichita, argued the cause and George Siefkin, George B. Powers, Samuel E. Bartlett, Carl T. Smith, Stuart R. Carter, Robert C. Foulston, Malcolm Miller, Robert N. Partridge and Robert M. Siefkin, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This was an action by a city, pursuant to G.S. 1949, 26-201 et seq. to condemn real estate for flood purposes.

The petition asking for the appointment of commissioners was filed on August 22, 1950. The land was duly appraised and report filed. A landowner and his lessee each appealed from the appraisement. The trial resulted in a verdict and judgment in...

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