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ISLEY v. BOGART

No. 7714.

338 F.2d 33 (1964)

Beatrice B. ISLEY, Margaret Nave Johnson, Martha Zeigler Gay, Charles Andrew Zeigler, and Edith Sargeant, Appellants, Vincent L. BOGART, John Stevens, William Tarrant, Carl A. Bell, Jr. and Gerald Byrd, as members of the governing body of Board of City Commissioners, Wichita, the City of Wichita, Kansas, and C. H. Funk, City Clerk of the City of Wichita, Kansas, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 25, 1964.

Attorney(s) appearing for the Case

Emmet A. Blaes, Wichita, Kan. (J. Francis Hesse and Harry L. Hobson, of Jochems, Sargent & Blaes, Wichita, Kan., with him on the brief), for appellants.

Eugene Pirtle and Douglas E. Shay, Wichita, Kan., (John Dekker, Wichita, Kan., with them on the brief), for appellees.

Before LEWIS, BREITENSTEIN, and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a declaratory judgment action under 28 U.S.C. § 2201 with jurisdiction based on diversity. Appellants-plaintiffs are the successors in interest of the owners of real property taken by the City of Wichita, Kansas, by condemnation. The appellees-defendants are the City of Wichita and various of its officials. The plaintiffs claim that, because the uses for which the property was condemned...

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