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UNION PACIFIC RAILROAD CO. v. SLOAN

No. 42,151

188 Kan. 231 (1961)

361 P.2d 889

UNION PACIFIC RAILROAD COMPANY, Appellant, v. ELDON SLOAN (F.A. PALMER, Substituted), DIRECTOR OF PROPERTY VALUATION OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 13, 1961.

Attorney(s) appearing for the Case

T.M. Lillard, of Topeka, argued the cause, and O.B. Eidson, Philip H. Lewis, James W. Porter, Charles S. Fisher, Jr., E. Gene McKinney, and Frank C. Sabatini, all of Topeka, were with him on the briefs for the appellant.

Peter F. Caldwell, of Topeka, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the trial court's judgment entered on April 15, 1960, sustaining defendant's motion to dismiss plaintiff's appeal from an order of the state board of tax appeals.

The railroad operated its line through the Elwood-Gladden drainage district located in Doniphan county onto and across the railroad's bridge which spanned the Missouri River, a navigable stream. No challenge was made...

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