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WILLIAMS v. WICHITA WATER COMPANY

197 A.2d 731 (1964)

Donald E. WILLIAMS et al., individually and on behalf of the class consisting of certain land-owners in the State of Kansas, Plaintiffs-Appellants, Orville W. Wear, Harvey County, Kansas, Intervenor-Appellant, v. The WICHITA WATER COMPANY, a Delaware corporation, and American Water Works Company, Inc., a Delaware corporation, Defendants-Appellees.

Supreme Court of Delaware.

January 30, 1964.

Attorney(s) appearing for the Case

Joseph P. Hurley, Wilmington, Michael J. Drape, Kansas City, Mo., and Kenneth G. Spier, Newton, Kan., for plaintiffs and intervenor.

Aaron Finger (of Richards, Layton & Finger), Wilmington, and Norman T. Hayes, Jr., and William E. Zeiter (of Morgan, Lewis & Bockius), Philadelphia, Pa., for defendants-appellees.

TERRY, C. J., and WOLCOTT and CAREY, JJ., sitting.

WOLCOTT, Justice.

This is an appeal from the entry of summary judgment for the defendants. The plaintiffs in the action below are owners of rural land in Kansas overlying a formation known as the "Equus Beds", located northwest of the City of Wichita, a source of usable water in the State of Kansas.

The litigation has arisen from the fact that around 1940 the City of Wichita (hereafter "City") determined to augment...

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