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ADAMS v. CITY OF ARKANSAS CITY

Nos. 42,205, 42,206, 42,207, 42,208, 42,209, 42,210

188 Kan. 391 (1961)

362 P.2d 829

DEWEY A. ADAMS and BETTY ADAMS, Appellants, v. THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, Appellee. TINEY E. ALEXANDER and SARAH EFFIE ALEXANDER, Appellants, v. THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, Appellee. THOMAS E. BOYLE and CHARLINE M. BOYLE, Appellants, v. THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, Appellee. PAUL P. BORROR and MAXINE A. BORROR, Appellants, v. THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, Appellee. MICHAEL MORHAIN, Appellant, v. THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, Appellee. HARRY N. WINTON and ROBY A. WINTON, Appellants, v. THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1961.

Attorney(s) appearing for the Case

E. Dexter Galloway, of Hutchinson, argued the cause, and A. Lewis Oswald and William L. Mitchell, both of Hutchinson, and Milburn E. Geist, of Augusta, were with him on the briefs for the appellants.

George Templar and Donald Hickman, both of Arkansas City, argued the cause, and George E. Sybrant, City Attorney, and William E. Cunningham and Kirke W. Dale, both of Arkansas City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

These actions were instituted in the district court of Cowley County, Kansas, to recover damages for injury to plaintiffs' real estate suffered as a result of a sewage treatment plant located in the vicinity of their property and operated by the City of Arkansas City, Kansas.

The cases have been consolidated pursuant to a stipulation that the decision in Case No. 42,205, which has been abstracted...

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