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COLLINS v. CITY OF WICHITA, KANSAS

No. 5140.

225 F.2d 132 (1955)

L. C. COLLINS and Lucille Collins, his wife; Earl Schneider and Mildred Schneider, his wife; Vollie L. Woodward and Lela E. Woodward, his wife; Leo R. Marlatt; and Lewis C. Marlatt, Appellants, v. The CITY OF WICHITA, KANSAS, a municipal corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 30, 1955.

Certiorari Denied November 7, 1955.

Attorney(s) appearing for the Case

Kenneth G. Speir, Newton, Kan. (Vernon A. Stroberg and Herbert H. Sizemore, Newton, Kan., were with him on the brief), for appellants.

Robert B. Morton, Wichita, Kan. (Fred W. Aley and Lawrence E. Curfman, Wichita, Kan., were with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

Certiorari Denied November 7, 1955. See 76 S.Ct. 140.

HUXMAN, Circuit Judge.

This was a suit commenced in the United States District Court for the District of Kansas for a declaratory judgment declaring null and void a condemnation proceeding by the City of Wichita, Kansas, seeking to condemn a right of way for a water line across appellants' land to bring water to the city limits. The ground on which Federal jurisdiction...

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