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KANSAS HOMES DEVELOPMENT CO. v. KAN. TURNPIKE AUTHORITY

No. 40,563

181 Kan. 925 (1957)

317 P.2d 794

KANSAS HOMES DEVELOPMENT COMPANY, INC., et al., Appellees, v. THE KANSAS TURNPIKE AUTHORITY OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed November 9, 1957.

Attorney(s) appearing for the Case

Lester M. Goodell, of Topeka, argued the cause, and Robert M. Cowger, of Topeka, and Donald C. Little, of Kansas City, Kansas, were with him on the briefs for appellant.

Conrad Miller, of Kansas City, Kansas, argued the cause, and Willard L. Phillips, of Kansas City, Kansas, and Charles W. Hess, of Kansas City, Missouri, were with him on the briefs for appellee Kansas Homes Development Company, Inc., and Joseph H. McDowell and Thomas C. Lysaught, both of Kansas City, Kansas, were with him on the briefs for appellee Wyandotte Township Sewer District No. 9.

The opinion of the court was delivered by

FATZER, J.:

The Kansas Turnpike Authority has appealed from an order of the district court of Wyandotte County, division No. 4, to pay $19,770.40 to Wyandotte Township Sewer District No. 9, hereafter referred to as the district, as the balance due and owing under the appraisement and award of the commissioners filed September 7, 1955, in a condemnation proceeding.

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