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HOWARD v. STATE HIGHWAY COMMISSION

No. 40,422

181 Kan. 226 (1957)

311 P.2d 313

W.D. HOWARD and ALMA HOWARD, Appellants, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1957.

Attorney(s) appearing for the Case

Kenneth H. Foust, of Iola, argued the cause, and Gwinn G. Shell, of Garnett, and John O. Foust, of Iola, were with him on the briefs for the appellants.

Wayne Loughridge, of Garnett, argued the cause, and W.B. Kirkpatrick, of Topeka, and Constance M. Achterberg, of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

Appellee commenced an action in the district court to condemn a parcel of appellants' land for highway purposes. The appraisers allowed damages to appellants in the approximate sum of $5,539.00, which amount was thereafter paid in to the clerk of the district court by appellee. On April 21, 1954, appellants appealed from the award. The appeal was pending in the district court where it had been set for trial...

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