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LUECKE v. STATE HIGHWAY COMMISSION

No. 41,705

186 Kan. 584 (1960)

352 P.2d 454

J.F. LUECKE and EVA AGNES LUECKE, Appellees, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed May 14, 1960.

Attorney(s) appearing for the Case

Constance M. Achterberg, of Salina, argued the cause, and W. B. Kirkpatrick, assistant attorney general, and F.F. Wasinger, of Hays, were with her on the briefs for the appellant.

Bernard J. Brungardt, of Hays, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an eminent domain proceeding commenced by the state highway commission, defendant (appellant), hereinafter referred to as commission, for the purpose of acquiring land for highway purposes. J.F. and Eva Agnes Luecke, plaintiffs (appellees), were the owners of half a section of land described as the northwest quarter and the northeast quarter of section 27, township 13 in Ellis county.

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