No. 41,737 and No. 41,746

186 Kan. 477 (1960)

351 P.2d 204

CITIES OF HESSTON AND SEDGWICK, and HARVEY HENSLEY, CITIES OF BURRTON AND HALSTEAD, and THE CITY OF NEWTON, KANSAS, Appellees, v. R.V. SMRHA, Chief Engineer, Division of Water Resources, Kansas State Board of Agriculture, and THE CITY OF WICHITA, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed April 9, 1960.

Attorney(s) appearing for the Case

Warden L. Noe, special assistant attorney general, argued the cause, and John Anderson, Jr., attorney general, and Richard E. Pringle, assistant attorney general, were with him on the briefs for the appellant chief engineer.

Robert B. Morton, of Wichita, argued the cause, and Fred W. Aley, of Wichita, and J. Rodney Stone, of Newton, were with him on the briefs for the appellant city of Wichita.

Kenneth G. Speir, of Newton, argued the cause, and Vernon A. Stroberg, Herbert H. Sizemore, and Richard F. Hrdlicka, all of Newton, were with him on the briefs for appellees Ruby K. Hensley and Maurita Jean Sooter.

The opinion of the court was delivered by


This is the third appearance of this matter before the supreme court (Cities of Hesston & Sedgwick v. Smrha, 179 Kan. 72, 293 P.2d 241; City of Hesston v. Smrha, 184 Kan. 223, 336 P.2d 428) and the appeal is from the trial court's order overruling separate...

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