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ALEXANDER v. CITY OF ARKANSAS CITY

No. 43,508

193 Kan. 575 (1964)

396 P.2d 311

TINEY E. ALEXANDER and SARAH EFFIE ALEXANDER, Appellants, v. THE CITY OF ARKANSAS CITY, KANSAS, a Municipal Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed November 7, 1964.

Attorney(s) appearing for the Case

E. Dexter Galloway, of Hutchinson, argued the cause, and Milburn E. Geist, of Augusta, was with him on the briefs for the appellants.

Kirke W. Dale and Donald Hickman, both of Arkansas City, argued the cause, and George E. Sybrant, City Attorney, and William E. Cunningham, both of Arkansas City, were with them on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This was an action to recover permanent damages to plaintiff's real estate resulting from a continuing nuisance in the erection and operation of a sewage disposal plant by the defendant city.

This case, with other companion cases, was previously before this court on an appeal from a demurrer to the petition. See Adams v. City of Arkansas City, 188 Kan. 391

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