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PENNINGTON v. KANSAS TURNPIKE AUTHORITY

No. 40,372

180 Kan. 638 (1957)

305 P.2d 849

GLEN A. PENNINGTON, Appellee, v. THE KANSAS TURNPIKE AUTHORITY, Appellant.

Supreme Court of Kansas.

Opinion filed January 12, 1957.

Attorney(s) appearing for the Case

Robert M. Cowger, of Topeka, argued the cause, and Thomas W. Cunningham, of Topeka, and Roy W. Riegle, Jr., of Emporia, were with him on the briefs for the appellant.

Samuel Mellinger, of Emporia, argued the cause, and Clarence V. Beck and John G. Atherton, both of Emporia, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from an order of the trial court overruling a demurrer of the Kansas Turnpike Authority to the petition of plaintiff in which he seeks to recover damages as a result of construction activities on the Kansas Turnpike.

For convenience and clarity we shall hereafter refer to the appellant as K.T.A., to appellee as plaintiff, and to the Kansas...

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