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CITY OF WICHITA v. KRAUSS

No. 42,470

190 Kan. 635 (1963)

378 P.2d 75

THE CITY OF WICHITA, KANSAS, a Municipal Corporation, Appellant, v. JACOB G. KRAUSS, Appellee, MARYLAND CASUALTY COMPANY, a Corporation, Injunction Bond Surety, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

James R. Hanson, of Wichita, argued the cause, and Fred W. Aley, Paul J. Donaldson, Robt. B. Morton, of Wichita, and J. Rodney Stone, of Newton, were with him on the briefs for appellant, The City of Wichita, Kansas. William P. Thompson, of Wichita, was on the briefs for appellant, Maryland Casualty Company.

Kenneth G. Speir, of Newton, argued the cause, and Vernon A. Stroberg, Herbert H. Sizemore and Richard F. Hrdlicka, of Newton, were with him on the briefs for appellee, Jacob G. Krauss.

The opinion of the court was delivered by

FATZER, J.:

This appeal is from a judgment assessing damages on a temporary injunction bond. The action out of which it arises was commenced by the city of Wichita in September, 1956, for a temporary and permanent injunction enjoining the appellee, Jacob G. Krauss, from interfering with the installation of a pipeline in the city's right of way and easement across his land...

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