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ANDRES v. STATE HIGHWAY COMMISSION

No. 41,495

185 Kan. 554 (1959)

345 P.2d 1004

In the Matter of the Condemnation of Land for State Highway Purposes, ORLANDO L. ANDRES, et al., and ESTHER ANDRES, et al., Appellees, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed November 7, 1959.

Attorney(s) appearing for the Case

Charles J. Carroll, of Topeka, argued the cause, and W.B. Kirkpatrick, assistant attorney general, Jerry Ann Foster, of Topeka, and Arnold C. Nye, and J. Sidney Nye, both of Newton, were with him on the briefs for the appellant.

John Callahan, of Wichita, and Lelus B. Brown, of Newton, argued the cause and were on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

This is a highway condemnation appeal.

The facts and proceedings, as disclosed by the record presented, giving rise to the appeal are not only informative but important to its decision and should be detailed.

Early in 1958 the State Highway Commission instituted a proceeding, under G.S. 1949, 26-101 and G.S. 1957 Supp., 26-102, to condemn 38.19...

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