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WILLIAMS v. CITY OF WICHITA, KANSAS

No. 6258.

279 F.2d 375 (1960)

A. B. WILLIAMS, Appellant, v. CITY OF WICHITA, KANSAS, a municipal corporation; and Robert V. Smrha, as Chief Engineer of the Division of Water Resources of the Kansas State Board of Agriculture, Appellees.

United States Court of Appeals Tenth Circuit.

May 23, 1960.

Attorney(s) appearing for the Case

Kenneth G. Speir, Newton, Kan. (Vernon A. Stroberg, Herbert H. Sizemore and Richard F. Hrdlicka, Newton, Kan., on the brief), for appellant.

Richard E. Pringle, Asst. Atty. Gen., State of Kansas, and Warden L. Noe, Sp. Asst. Atty. Gen., State of Kansas (John Anderson, Jr., Atty. Gen., State of Kansas, on the brief), for appellee R. V. Smrha, Chief Engineer of Division of Water Resources, Kansas State Board of Agriculture.

Robert B. Morton, Wichita, Kan. (Fred W. Aley, Wichita, Kan., on the brief), for appellee City of Wichita, Kan.

Before PICKETT and BREITENSTEIN, Circuit Judges, and SAVAGE, District Judge.

BREITENSTEIN, Circuit Judge.

This case is here for the second time. The first appeal involved action by the trial court in sustaining motions to dismiss the complaint. This court, on January 26, 1956, remanded the case with directions that "action upon such motions be held in suspense for a reasonable time to await determination in the state courts of important questions of state law involved herein."

On October 1, 1959, the trial court again examined the...

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