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CITY OF McPHERSON v. SMRHA

No. 41,067

193 Kan. 556 (1964)

396 P.2d 269

THE CITY OF McPHERSON, KANSAS, CITY OF MOUNDRIDGE, KANSAS, CITY OF INMAN, KANSAS, Appellees, v. R.V. SMRHA, Chief Engineer, Division of Water Resources, Kansas State Board of Agriculture, Appellant.

Supreme Court of Kansas.

Opinion filed November 7, 1964.

Attorney(s) appearing for the Case

William Ferguson, Attorney General, Robert E. Hoffman, Assistant Attorney General, and Warden L. Noe, Special Assistant Attorney General, all of Topeka, appeared on the Stipulation for Decision for the appellant.

Robert Stover, of Moundridge, George R. Lehmberg, of Inman, and J.R. Rhoades, of McPherson, appeared on the Stipulation for Decision for the appellees.

Per Curiam:

This appeal is from a judgment made and entered during a pretrial conference. The district court held the Water Appropriation Act of 1945 (G.S. 1949, 82a-701, et seq., as amended) to be in violation of the constitution of the state of Kansas and the fourteenth amendment to the federal constitution.

The same issues of fact and legal questions were before this court in City of Hesston v. Smrha, 184 Kan. 223

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