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TINBERG v. KANSAS TURNPIKE AUTHORITY

No. 40,461

181 Kan. 139 (1957)

310 P.2d 217

In the Matter of the Condemnation of Land for Kansas Turnpike Project, ELMER TINBERG and CLARA TINBERG, Appellees, v. THE KANSAS TURNPIKE AUTHORITY OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed April 6, 1957.

Attorney(s) appearing for the Case

Donald C. Little, of Kansas City, and Thomas W. Cunningham, of Topeka, both argued the cause, and Robert M. Cowger, and Bruce Works, both of Topeka, were with them on the briefs for the appellant.

Lee E. Weeks, of Kansas City, argued the cause, and Arthur J. Stanley, Jr., J.E. Schroeder, Leonard O. Thomas, J.D. Lysaught, Robert H. Bingham, Richard Millsap, and Ervin G. Johnston, all of Kansas City, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

This is an appeal from a judgment in a condemnation proceeding to condemn land for the Kansas turnpike project.

On June 1, 1955, the Kansas Turnpike Authority, as authorized by G.S. 1955 Supp., 68-2006, instituted a proceeding under the provisions of G.S. 1949, 26-101 et seq., in the district court of Wyandotte County, to condemn land, belonging to Elmer Tinberg and Clara Tinberg, for turnpike...

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