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STATE HIGHWAY COMMISSION v. HEMBROW

No. 43,043

190 Kan. 742 (1963)

378 P.2d 62

THE STATE HIGHWAY COMMISSION OF KANSAS, Plaintiff, v. WALTER E. HEMBROW and ALBERT B. FLETCHER, JR., as Judges of the District Court of Dickinson County, Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed January 26, 1963.

Attorney(s) appearing for the Case

Charles N. Henson, Assistant Attorney General, of Topeka, argued the cause, and James L. Sweet, Assistant Attorney, State Highway Commission, of Topeka, was with him on the briefs for Plaintiff.

R.H. Royer, of Abilene, argued the cause, and Paul H. Royer and James C. Johnson, of Abilene, were with him on the briefs for Defendants.

The opinion of the court was delivered by

FATZER, J.:

In this original action the plaintiff, State Highway Commission, seeks a writ of mandamus against the defendants as judges of the district court of Dickinson County, commanding them to set aside the order of reference for trial of issues of law and fact in the case of The Abilene Country Club v. The State Highway Commission, No. 15,192, and to grant plaintiff a jury trial on the amount of damages...

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