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WESCOAT v. STATE HIGHWAY COMMISSION

No. 41,823

187 Kan. 228 (1960)

356 P.2d 841

In the Matter of the Condemnation of Land for State Highway Purposes, CLIFFORD WESCOAT and MARY WESCOAT, Appellants, v. STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 12, 1960.

Attorney(s) appearing for the Case

Walter B. Patterson and Frank O'Brien, both of Fort Scott, were on the briefs for the appellants.

W.B. Kirkpatrick, Assistant Attorney General, and Roy G. Lowe, of Topeka, and Douglas Hudson, Howard Hudson, and Douglas G. Hudson, all of Fort Scott, were on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This is a highway condemnation appeal in which the essential informative facts may be stated briefly.

Following the institution of the condemnation proceeding by the State Highway Commission the involved landowners, who were dissatisfied with the award of duly appointed commissioners for their real estate on which a house was located, perfected an appeal from the award and this action was docketed...

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