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HUBER v. SCHMIDT

Nos. 41,887 and 42,015, Consolidated

188 Kan. 36 (1961)

360 P.2d 854

LaVERN J. HUBER, Appellee, v. ARTHUR H. SCHMIDT, EDNA MAY SCHMIDT, ORVILLE SCHMIDT, ROBERT SCHMIDT, MARY M. WHITEHEAD, ENNIS C. WHITEHEAD and NORMAN SCHMIDT, Appellants.

Supreme Court of Kansas.

Opinion filed April 8, 1961.

Attorney(s) appearing for the Case

George A. Robb, of Newton, argued the cause, and L.H. Ruppenthal, of McPherson, was with him on the briefs for the appellants.

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 brief for the appellee.

The opinion of the court was delivered by

WERTZ, J.:

LaVern J. Huber, plaintiff (appellee), brought this action against Arthur H., Edna May, Orville, Robert and Norman Schmidt, and Mary M. and Ennis C. Whitehead, defendants (appellants), under the declaratory judgment act (G.S. 1949, 60-3127 et seq.), for the purpose of obtaining a judicial determination of the rights of the respective riparian property owners to the use and flow of the water in Sand...

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