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McCULLOUGH v. STATE HIGHWAY COMMISSION

No. 40,080

180 Kan. 209 (1956)

302 P.2d 993

In the Matter of Condemnation of Land for State Highway Purposes. (CECIL McCULLOUGH and VIOLET MARIE McCULLOUGH, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee.)

Supreme Court of Kansas.

Opinion filed November 3, 1956.

Attorney(s) appearing for the Case

Payne H. Ratner, of Wichita, argued the cause, and Louise Mattox, Payne H. Ratner, Jr., Russell Cranmer, Dale B. Stinson, Jr., Cliff W. Ratner, William L. Fry, A. Wayne Murphy, Ray A. Overpeck, Bernard V. Borst, H.K. Greenleaf, Jr., and D. Clifford Allison, all of Wichita, were with him on the briefs for appellants.

Roy G. Lowe, of Olathe, argued the cause, and W.B. Kirkpatrick, Assistant Attorney General, and Stanley Taylor, of Topeka, and Robert M. King, H. Pauline Woodward and R.C. Woodward, of El Dorado, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from an order striking certain allegations from the landowners' bill of particulars in a state highway condemnation case. In September, 1953, the State Highway Commission, desiring to raise the grade and widen a portion of its state highway system known as U.S. Highway 54 west of the city of Augusta, filed its petition for the appointment of appraisers for the taking of a strip of land...

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