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STATE HIGHWAY COMMISSION v. D-X SUNRAY OIL CO.

No. 42,901

190 Kan. 677 (1963)

378 P.2d 44

STATE HIGHWAY COMMISSION OF KANSAS, Appellant, v. D-X SUNRAY OIL COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

Charles N. Henson, Assistant Attorney General, argued the cause, and Kenton C. Granger, Assistant Attorney, State Highway Commission, was with him on the briefs for the appellant.

Kenneth P. Stewart, of Wichita, argued the cause, and John E. Boyer, Paul J. Donaldson, Harold T. Beck, and James R. Hanson, all of Wichita, and M.D. Kirk, J.P. Greve, and John A. Lander, Jr., all of Tulsa, Okla., were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This appeal springs from a statutory condemnation proceeding initiated by the State Highway Commission (hereinafter referred to as the Commission), as Master Condemnation Case No. A-76777, to acquire divers tracts of land located in Sedgwick County for right of way purposes, including a 0.41 acre tract owned by the D-X Sunray Oil Company (hereinafter referred to as the Company), pursuant to the provisions...

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