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RARDIN v. MARCOTTE

No. 43,875

194 Kan. 186 (1965)

398 P.2d 351

THEODORE RARDIN, HAROLD TEASLEY, EDNA F. RARDIN and THE CITY OF PALCO, KANSAS, Appellees, v. FRANK MARCOTTE and ADELORE MARCOTTE, Appellants.

Supreme Court of Kansas.

Opinion filed January 23, 1965.

Attorney(s) appearing for the Case

Norbert R. Dreiling, of Hays, argued the cause, and H.D. Oelschlaeger, of Plainville, was with him on the briefs for the appellants.

Robert Osborn and W. McCaslin, of Stockton, argued the cause and were on the brief for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This action was instituted by Theodore and Edna F. Rardin, upper landowners, and Harold Teasley, their tenant, plaintiffs (appellees), against defendants (appellants) Frank and Adelore Marcotte, lower landowners, for a permanent injunction against defendants' keeping and maintaining on their land a dam which caused water to back up on plaintiffs' land. Defendants secured joinder of the City of Palco as a...

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