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CITY OF WICHITA v. BUMM

No. 41,083

183 Kan. 647 (1958)

331 P.2d 301

THE CITY OF WICHITA, KANSAS, a Municipal Corporation, Appellant, v. FREDERICK H. BUMM, Appellee.

Supreme Court of Kansas.

Opinion filed November 8, 1958.

Attorney(s) appearing for the Case

Robt. B. Morton, of Wichita argued the cause, and Fred W. Aley and Paul J. Donaldson, both of Wichita, and J. Rodney Stone, of Newton, were with him on the briefs for appellant.

Kenneth G. Speir, of Newton, argued the cause, and Vernon A. Stroberg, Herbert H. Sizemore and Richard F. Hrdlicka, all of Newton, were with him on the briefs for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from an order of the trial court dismissing an injunction action prior to its hearing on the merits and other adverse rulings related thereto.

The decisive question presented is whether the petition for injunctive relief was properly construed by the trial court as one seeking to enjoin the defendant from interfering with the construction...

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