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STATE v. BOICOURT HUNTING ASS'N

No. 40,921

183 Kan. 187 (1958)

326 P.2d 277

In the Matter of the Petition of the STATE OF KANSAS for the Appointment of Commissioners to Appraise and Assess Damages by Reason of the Condemnation of Certain Lands Hereinafter Described, for Public Use. THE STATE OF KANSAS and Its FORESTRY, FISH and GAME COMMISSION, Appellants, v. BOICOURT HUNTING ASSOCIATION, a Corporation, OTTAWA HUNTING ASSOCIATION, INC., STELLA THOMPSON, GLEN S. BAKER, SYLVIA D. BAKER, WALTER M. HALL, NANCY A. HALL, KEITH V. WARE, DOROTHY M. WARE, J. RENAU GARR, and EVELYN W. GARR, Appellees.

Supreme Court of Kansas.

Opinion filed June 7, 1958.

Attorney(s) appearing for the Case

John Anderson, Jr., Attorney Genral, and Noel Mullendore, Special Assistant Attorney General, were on the briefs for the appellants.

Douglas Hudson, Howard Hudson and Douglas G. Hudson, all of Fort Scott, were on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal from an order denying a motion by the Forestry, Fish and Game Commission to dismiss and abandon condemnation proceedings as to certain lands. Appellees are the landowners involved, and they join appellant commission in seeking reversal of the trial court's order.

The background of the matter under consideration is found in State v. Boicourt Hunting Ass'n,

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