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STECK v. CITY OF WICHITA

No. 40,774

182 Kan. 206 (1958)

319 P.2d 852

RICHARD STECK, Plaintiff, v. THE CITY OF WICHITA, E.E. BAIRD, JOHN MADDEN, JOHN STEVENS, JAMES L. GARDNER, A.E. HOUSE, FRANK BACKSTROM, C.C. ELLIS and JOHN PIERCE, Defendants.

Supreme Court of Kansas.

Opinion filed January 3, 1958.

Attorney(s) appearing for the Case

J. Francis Hesse, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, James W. Sargent, Stanley E. Wisdom, Vincent L. Bogart, Cecil E. Merkel, John W. Brimer and Harry L. Hobson, all of Wichita, were with him on the briefs for the plaintiff.

Wayne Coulson, of Wichita, argued the cause, and Fred W. Aley, City Attorney, and Lester W. Chesney, Assistant City Attorney, were with him on the briefs for the defendants.

The opinion of the court was delivered by

PRICE, J.:

This is an original proceeding in mandamus whereby plaintiff seeks to compel defendant city and its governing officials to comply with the terms of a judgment with respect to the payment of interest thereon.

The background of the matter is this:

In 1952 the city, under its power of eminent domain, condemned a tract of land belonging to plaintiff...

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