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DIEFENBACH v. STATE HIGHWAY COMMISSION

No. 44,179

195 Kan. 445 (1965)

407 P.2d 228

EDWIN J. DIEFENBACH and MILDRED I. DIEFENBACH, His Wife, and EDNA DIEFENBACH, Landowners, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Condemner, Appellee.

Supreme Court of Kansas.

Opinion filed November 6, 1965.

Attorney(s) appearing for the Case

E.P. Villepigue, of Wichita, argued the cause, and I.H. Stearns, of Wichita, was with him on the briefs for the appellants.

Charles C. McCarter, of Wichita, and David W. Craig, of Topeka, both argued the cause and John H. Morse, Assistant Attorney General, was with them on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This controversy stems from an award in a condemnation proceeding.

The State Highway Commission determined that it was in the public interest to build a controlled-access highway which would by-pass Wichita, Kansas on the west and north in such a manner as to connect State Highway 254 running east to El Dorado, Kansas with Interstate Highway 235 and avoid...

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