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SIMMONS v. STATE HIGHWAY COMMISSION

No. 39,619

178 Kan. 26 (1955)

283 P.2d 392

In the Matter of the Condemnation of Land for State Highway Purposes, EMMA GEBHART SIMMONS and McNAGHTEN LOAN COMPANY, INC., Appellees, v. STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed May 7, 1955.

Attorney(s) appearing for the Case

Howard G. Engleman, of Salina, argued the cause, and W.B. Kirkpatrick, Assistant Attorney General, and Henry L. Daniels, of Topeka, were with him on the briefs for the appellant.

C.L. Clark, of Salina, argued the cause, and James P. Mize, and Thomas M. Lillard, Jr., both of Salina, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

This is an appeal from a judgment in a condemnation proceeding to condemn land for the widening and improvement of a public highway.

On August 11, 1953, the State Highway Commission instituted proceedings to condemn certain land, including all rights of access in and to such land as permitted by G.S. 1953 Supp. Chap. 68, Art. 19, located in Saline County...

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