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KLASSEN v. REGIER

No. 44,033

195 Kan. 61 (1965)

403 P.2d 106

JACOB E. KLASSEN, HARRY GOSSEN, HARLEY R. KOOP, D.L. WIENS, EDNA WIENS, Appellants, v. H.J. REGIER, JACK REGIER, Appellees.

Supreme Court of Kansas.

Opinion filed June 12, 1965.

Attorney(s) appearing for the Case

Earl C. Moore, of Wichita, argued the cause, and was on the brief for the appellants.

David W. Wheeler, of Marion, argued the cause, and Edwin G. Westerhaus and D.W. Wheeler, of Marion, were with him on the brief for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This action was instituted by plaintiffs Jacob E. Klassen, Harry Gossen, Harley R. Koop, and D.L. and Edna Wiens (hereinafter referred to as appellants) against defendants H.J. and Jack Regier (hereinafter referred to as appellees) to enjoin the appellees from changing the course of a stream and putting into operation a flood control plan approved by the chief engineer of the division of water resources...

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