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WALKER v. CITY OF HUTCHINSON

No. 39,782

178 Kan. 263 (1955)

284 P.2d 1073

LEE WALKER, Appellant, v. CITY OF HUTCHINSON, RENO COUNTY, KANSAS, a municipal corporation; T.E. CHENOWETH, City Manager of said City; ROBERT G. KING, Mayor and Member of the City Commission of said City; CHARLES N. BROWN, JERRY STREMEL, R.C. WOODWARD and C.E. JOHNSON, Members of the City Commission of said City, Appellees.

Supreme Court of Kansas.

Opinion filed June 11, 1955.

Attorney(s) appearing for the Case

A. Lewis Oswald, of Hutchinson, argued the cause, and William L. Mitchell, and Patrick H. Thiessen, both of Hutchinson, were with him on the brief for the appellant.

Fred C. Littooy, City Attorney of Hutchinson, argued the cause, and Bill R. Cole, Assistant City Attorney of Hutchinson, was with him on the brief for appellees.

The opinion of the court was delivered by

THIELE, J.:

This was an action in which the plaintiff Lee Walker sought an injunction against the defendant city to prevent an alleged trespass on his real estate. The relief sought was denied by the trial court and plaintiff has appealed.

Insofar as need be noticed plaintiff alleged that he owned certain described real estate in the city of Hutchinson and that on ...

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