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SHAW v. CITY OF WAKEENEY

No. 41,921

187 Kan. 301 (1960)

356 P.2d 832

EARL SHAW, Appellant, v. CITY OF WAKEENEY, TREGO COUNTY, KANSAS; BRIGHTON ARNOLD, as Mayor; ROBERT W. HECKMAN, as Councilman; MYRON HARRIES, as Councilman; DARRELL C. PHILLIPS, as Councilman; W.B. SQUYRES, as Councilman; GERALD JEFFERIES, as Councilman, and C.E. SELLERS, as City Clerk, Appellees.

Supreme Court of Kansas.

Opinion filed November 12, 1960.

Attorney(s) appearing for the Case

George C. Wingerson, of Hill City, argued the cause and was on the briefs for the appellant.

Ernest J. Deines, of WaKeeney, argued the cause, and William Wagner, of WaKeeney, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, C.J.:

This appeal involves the legality of proceedings, under the provisions of G.S. 1949, 12-602, for the grading, curbing, guttering and surfacing of one block of Third Street, between Earle Avenue and Chase Avenue, in the City of WaKeeney, Trego County, Kansas, a city of the third class.

The facts controlling the rights of the parties are admitted in the briefs and on oral argument, as they were...

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