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WOLF v. SECOND DRAINAGE DISTRICT

No. 39,954

180 Kan. 312 (1956)

304 P.2d 473

WALTER F. WOLF and MYRTLE B. WOLF, Appellees, v. THE SECOND DRAINAGE DISTRICT OF FINNEY COUNTY, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion on rehearing filed December 8, 1956.

Attorney(s) appearing for the Case

Daniel R. Hopkins, of Garden City, argued the cause and Ray H. Calihan and Ray H. Calihan, Jr., both of Garden City, were with him on the briefs for the appellant.

T.M. Lillard, of Topeka, argued the cause and O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, Jr., and E. Gene McKinney, all of Topeka, and Dale H. Corley and Clyde P. Daniel, both of Garden City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, C.J.:

The opinion reversing the judgment of the trial court in this case was published June 9, 1956. (See Wolf v. Second Drainage District, 179 Kan. 655, 298 P.2d 305.) The petition of appellee for a rehearing was granted. The appeal was again argued October 29, 1956. Various holdings in the opinion were argued to be wrong. Amongst these...

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