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KANSAS BOSTWICK IRRIGATION DISTRICT v. CURTIS

No. 40,722

182 Kan. 296 (1958)

320 P.2d 786

KANSAS BOSTWICK IRRIGATION DISTRICT No. 2, Appellant, v. CHARLES R. CURTIS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed January 25, 1958.

Attorney(s) appearing for the Case

N.J. Ward, of Belleville, argued the cause and was on the briefs for the appellant.

Paul L. Aylward of Ellsworth, and Fred Emery, of Belleville, argued the cause, and George D. Miner, of Ellsworth, was with them on the briefs for the appellees.

The opinion of the court was delivered by

ROBB, J.:

An eminent domain proceeding was commenced by appellant. It was dissatisfied with the awards of the court-appointed appraisers but before an appeal could be perfected from those awards, the amounts of the awards were paid by the U.S. treasury department office in Denver, Colorado. When the appeal was perfected the trial court dismissed it for the reason there had...

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