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WILLIAMS v. SMRHA

No. 41,078

192 Kan. 473 (1964)

389 P.2d 756

A.B. WILLIAMS, et al., Appellees, v. R.V. SMRHA, Chief Engineer of the Division of Water Resources, Kansas State Board of Agriculture, Topeka, Kansas, and THE CITY OF WICHITA, KANSAS, Appellants.

Supreme Court of Kansas.

Opinion filed March 7, 1964.

Attorney(s) appearing for the Case

Warden L. Noe, special assistant attorney general, argued the cause for the appellant, R.V. Smrha, chief engineer.

Fred W. Aley, Robert B. Morton and Paul J. Donaldson, of Wichita, were on the briefs for appellant, the City of Wichita.

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 the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This is a companion case to City of Hesston v. Smrha, 184 Kan. 223, 336 P.2d 428. The same order of the trial court is here appealed from as in the City of Hesston case, and the issues are identical. The appeal is from the judgment of the trial court holding the Water Appropriation Act of 1945 (G.S. 1949, 82a-701, et seq...

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