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GREEN v. STATE HIGHWAY COMMISSION

No. 41,276

185 Kan. 36 (1959)

340 P.2d 927

ESTHER SMILEY GREEN and GERALD GREEN, Appellants, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed June 13, 1959.

Attorney(s) appearing for the Case

A. Harry Crane, Ward D. Martin, Arthur L. Claussen and Harvey D. Ashworth, all of Topeka, were on the briefs for appellants.

Constance M. Achterberg, and W.B. Kirkpatrick, Assistant Attorney General, both of Topeka, and Howard W. Harper and Lee Hornbaker, both of Junction City, were on the briefs for appellee.

OPINION ON MOTION FOR REHEARING

The opinion of the court was delivered by

FATZER, J.:

The appellant landowners ask for a rehearing and a reversal of the decision previously rendered affirming this appeal upon the ground that where an appellant does not specify as error the overruling of his motion for a new trial, trial errors specified are not subject to appellate review, and under such circumstances, the appeal reaches this court as if no motion...

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