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WEAST v. BUDD

No. 41,625

186 Kan. 249 (1960)

349 P.2d 912

ROY E. WEAST, Appellant, v. BERNARD T. BUDD, Individually, and CITY OF PARSONS, KANSAS, a Municipal Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed March 5, 1960.

Attorney(s) appearing for the Case

Gerald D. Lasswell, of Wichita, argued the cause, and Payne H. Ratner, Louise Mattox, Payne H. Ratner, Jr., Cliff W. Ratner, Edmund R. Learned, James R. Barr, Frank W. Hylton and R.R. Barnes, all of Wichita, were with him on the briefs for appellant.

Glenn Jones, of Parsons, argued the cause and was on the briefs for appellees.

The opinion of the court was delivered by

FATZER, J.:

This was an action to recover damages from the city of Parsons, Kansas, and Bernard T. Budd, the city manager, alleged to have been sustained by the plaintiff as a result of the city's commencement and abandonment of an eminent domain proceeding to take his entire farm for water works improvement. The defendants filed a motion to strike certain allegations of the...

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