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GREEN v. STATE HIGHWAY COMMISSION

No. 41,276

184 Kan. 525 (1959)

337 P.2d 657

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

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

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

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

The opinion of the court was delivered by

FATZER, J.:

This is an appeal from a judgment in a state highway condemnation case. In May, 1956, the State Highway Commission, desiring to enlarge the intersection of U.S. 40 Highway and Kansas Highway 13 (K 13), filed its petition for the appointment of appraisers for the taking of 3.43 acres from the landowners and their rights of access to approximately one and three-quarters miles on each side of U.S. 40 Highway...

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