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BLAYLOCK v. STATE HIGHWAY COMMISSION

No. 43,046

191 Kan. 187 (1963)

380 P.2d 337

HARLEY BLAYLOCK and MARIAN L. BLAYLOCK, Appellees and Cross Appellants, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellant and Cross Appellee.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

Jerry W. Hannah, of Topeka, argued the cause, and Charles N. Henson, assistant attorney general, and Mark L. Bennett, Jr., of Topeka, were with him on the briefs for the appellant and cross appellee.

Peter A. Martin, of Olathe, argued the cause and was on the briefs for the appellees and cross appellants.

Alfred B. Page, Ralph F. Glenn, L.M. Cornish, Jr., M.D. Bartlow, Gary Rohrer and Jan W. Leuenberger, all of Topeka, were on the briefs as amicus curiae.

The opinion of the court was delivered by

JACKSON, J.:

This action was begun by Harley Blaylock and his wife Marian who are now denominated as the appellees and cross appellants. We shall hereinafter refer to them as plaintiffs and to the Highway Commission as the defendant. Plaintiffs are the leaseholders of a restaurant or cafe which is located on Interstate Highway No. 35 between Olathe and Kansas City in Johnson county.

Plaintiffs filed their action...

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