CITY OF McPHERSON v. SMRHA

No. 39,873

179 Kan. 59 (1956)

293 P.2d 239

THE CITY OF McPHERSON, KANSAS, CITY OF MOUNDRIDGE, KANSAS, CITY OF INMAN, KANSAS, Appellees, v. R.V. SMRHA, Chief Engineer of the Division of Water Resources, Kansas State Board of Agriculture, Topeka, Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed January 28, 1956.


Attorney(s) appearing for the Case

Warden L. Noe, special assistant attorney general, and William P. Timmerman, of Wichita, argued the cause, and Harold R. Fatzer, attorney general, and Paul Wilson, assistant attorney general, were with him on the briefs for the appellant.

Russ B. Anderson, J.R. Rhoades, and George R. Lehmberg, all of McPherson, were on the briefs for the appellees.


The opinion of the court was delivered by

ROBB, J.:

This was an appeal from an order of the trial court overruling appellant's motion to quash an appeal to that court from an order of appellant determining the vested rights of appellee water users together with sixteen other water users who are not parties to this appeal.

The appellant was R.V. Smrha, chief engineer of the division of water resources of the...

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