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DONALDSON v. STATE HIGHWAY COMMISSION

No. 42,585

189 Kan. 483 (1962)

370 P.2d 83

PAUL J. DONALDSON and LOUISENE DONALDSON, his wife, and C.A. BURNHAM and MILDRED BURNHAM, his wife, Appellants, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 7, 1962.

Attorney(s) appearing for the Case

Kenneth P. Stewart and James R. Hanson, both of Wichita, argued the cause, and John E. Boyer, George J. Hondros and Harold T. Beck, all of Wichita, were with them on the briefs for the appellants.

Ralph M. Hope, of Wichita, argued the cause, and Charles N. Henson and Harold Henderson, both of Topeka, and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Richard W. Stavely, Charles S. Lindberg and Ronald M. Gott, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

JACKSON, J.:

The appeal herein involved is by the landowners as appellants from certain orders in a condemnation proceeding brought by the State Highway Commission in acquiring a new right of way for improved state highways.

The present appeal is unusual in that both sides attack the opposing parties' right to appear before the court. First of all, the highway commission challenges the landowners' appeal to...

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