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KENDIG v. KRETSINGER

No. 44,559

197 Kan. 186 (1966)

415 P.2d 250

H.L. KENDIG and ROXANNA KENDIG, Appellants, v. WILLIAM D. KRETSINGER, Appellee, PHILLIPS PETROLEUM COMPANY, Intervenor.

Supreme Court of Kansas.

Opinion filed June 11, 1966.

Attorney(s) appearing for the Case

Alvin Shapiro and Norman E. Gaar, both of Kansas City, Missouri, and Elvin D. Perkins, of Emporia, argued the cause and were on the briefs for the appellants.

Jerry R. Demo, of Emporia, argued the cause and was on the briefs for the appellee.

James W. Putnam, of Emporia, argued the cause, and Richard Mankin, of Emporia, was with him on the briefs for the intervenor.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment denying injunctive relief in an action to stay the issuance of a building permit.

On October 13, 1965, appellants filed their petition seeking to permanently enjoin the appellee, the county engineer of Lyon County, from issuing a building permit until such time as the Kansas Supreme Court had had an opportunity to decide the appeal in the case of Moyer v. Board...

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