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WEAVER v. BEECH AIRCRAFT CORPORATION

No. 40,162

180 Kan. 224 (1956)

303 P.2d 159

T. WALKER WEAVER, T.W. WEAVER, JR., RALPH E. COWAN, RALPH RALSTON, CLEE RALSTON and JOHN HYDE, Appellees, v. BEECH AIRCRAFT CORPORATION, G.M. FISHER, Appellants.

Supreme Court of Kansas.

Opinion filed November 3, 1956.

Attorney(s) appearing for the Case

Dwight S. Wallace, of Wichita, argued the cause, and Jimmie E. Grey, Donald C. Tinker, Jr., Getto McDonald, William Tinker, Arthur W. Skaer, Jr., Hugh P. Quinn and William Porter, all of Wichita, were with him on the briefs for the appellants.

Edward F. Arn, of Wichita, argued the cause, and Richard F. Mullins, Milo M. Unruh, William P. Timmerman and H.R. Kuhn, all of Wichita, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This was an action by lower riparian owners, through whose land flows Four-Mile Creek, to enjoin defendants from diverting and taking the water from a spring which is one of the sources of supply for the creek.

Defendants have appealed from an order granting to plaintiffs a temporary injunction.

Briefly stated, the over-all picture of the matter...

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