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SILER v. DREYER

No. 41,040

183 Kan. 419 (1958)

327 P.2d 1031

JAMES E. SILER and AUDREY SILER, d/b/a AMERICAN SAND COMPANY, Appellees, v. MILTON G. DREYER, d/b/a DREYER SAND COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed July 7, 1958.

Attorney(s) appearing for the Case

James H. Barnes and Donald H. Corson, Jr., both of Kansas City, argued the cause, and Donald H. Corson, of Kansas City, was with them on the briefs for the appellant.

James K. Cubbison, of Kansas City, argued the cause, and John J. Bukaty, Blake A. Williamson and Lee Vaughan, all of Kansas City, were with him on the briefs for the appellees.

John Anderson, Jr., attorney general, Robert J. Roth, assistant attorney general, and Charles H. Hobart, assistant attorney general, were on the brief of amicus curiae.

The opinion of the court was delivered by

WERTZ, J.:

Defendant appeals from an order of the trial court permanently enjoining him from maintaining and operating certain sand-pumping equipment in the Kansas river landward of the water's edge and in front of the property leased by plaintiffs. The injunction was based on a finding that the Kansas river is subject to the control of the state only from water's edge to water's edge.

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