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McCLAY v. HIGHWAY COMMISSION

No. 41,411

185 Kan. 271 (1959)

341 P.2d 995

G. DEWEY McCLAY and VERA FREONE HOLLINGER, Administratrix of the Estate of Vera McClay, deceased, Appellees, v. HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed July 10, 1959.

Attorney(s) appearing for the Case

John B. Pierson, of Ottawa, argued the cause, and Wm. B. Kirkpatrick and Stanley Taylor, both of Topeka, were with him on the briefs for the appellant.

William S. Bowers, of Ottawa, argued the cause, and B.F. Bowers, of Ottawa, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

This is a condemnation action in which the State Highway Commission appeals from an order granting the landowners' motion for a new trial.

The facts leading up to the appeal are not in question and will be related solely for informative purposes.

G. Dewey McClay and Vera McClay were the owners of real estate located in Franklin County, which was condemned for highway purposes by the Commission...

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