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BARTELL v. STATE HIGHWAY COMMISSION

No. 43,280

191 Kan. 539 (1963)

382 P.2d 334

DEAN A. BARTELL, LILLIAN I. BARTELL, JOHN F. ERICKSON, and LOIS C. ERICKSON, Appellants and Cross-Appellees, v. THE STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed June 8, 1963.

Attorney(s) appearing for the Case

Wendell L. Garlinghouse, of Topeka, argued the cause, and Theodore H. Hill and Glenn J. Shanahan, both of Wichita, were with him on the briefs for the appellants and cross-appellees.

Charles N. Henson, assistant attorney general, argued the cause, and James L. Sweet and Kenton C. Granger, both of Topeka, were with him on the briefs for the appellee and cross-appellant.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by plaintiffs from an order of the Shawnee district court transferring the cause from such court to the district court of Sedgwick county for want of venue, and from the subsequent order of the Sedgwick district court dismissing the cause without prejudice for want of jurisdiction either of the parties or the subject matter.

The defendant highway commission cross-appeals from the...

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