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OFFEN v. CITY OF TOPEKA

No. 41,840

186 Kan. 389 (1960)

350 P.2d 33

GEORGE H. OFFEN, W.K. THOMPSON, OTIS LANE, J.R. TERREL and GLEN ALLEN, In Person, and For All Other Persons Similarly Situated, Appellees, v. THE CITY OF TOPEKA, and E.J. CAMP, PRESTON O. HALE, LOUIS HOWARD, WILLIAM R. MALLORY and FRANK J. WARREN, Constituting the BOARD OF COMMISSIONERS of the City of Topeka; THE URBAN RENEWAL AGENCY of the City of Topeka, and HARRY BEECROFT, CARL H. ELKINS, CHARLES L. MARSHALL, WAYNE E. HARDING, JR., and GEORGE STAEBLER, JR., Constituting the BOARD OF COMMISSIONERS of the Urban Renewal Agency, Appellants.

Supreme Court of Kansas.

Opinion filed March 5, 1960.

Attorney(s) appearing for the Case

William Hergenreter, of Topeka, argued the cause, and William Carl Zimmerman, city attorney, was with him on the briefs for the appellants.

E.H. Hatcher, of Topeka, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action brought by five plaintiffs (appellees), George H. Offen, W.K. Thompson, Otis Lane, J.R. Terrel and Glen Allen, as individuals and for all other persons similarly situated (hereinafter referred to as plaintiffs), against the City of Topeka and its named Board of Commissioners (hereinafter referred to as Commission), and the Urban Renewal Agency of Topeka and its named Board of Commissioners...

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