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BABCOCK v. CITY OF KANSAS CITY

No. 44,682

197 Kan. 610 (1966)

419 P.2d 882

WARREN H. BABCOCK, Appellant and Cross-Appellee, v. THE CITY OF KANSAS CITY, KANSAS, a Municipal Corporation, JOSEPH H. McDOWELL, JOSEPH P. REGAN and EARL B. SWARNER, Appellees and Cross-Appellants.

Supreme Court of Kansas.

Opinion filed November 5, 1966.

Attorney(s) appearing for the Case

Charles W. Thompson, of Kansas City, argued the cause, and Lloyd G. Alvey and James P. Lugar, of Kansas City, were with him on the briefs for appellant and cross-appellee.

Joseph A. Bukaty, Assistant City Attorney, of Kansas City, argued the cause, and C.W. Brenneisen, Jr., City Attorney, Matthew G. Podrebarac, City Counselor, James B. Flack and A. B. Howard, Assistant City Attorneys, all of Kansas City, were with him on the briefs for appellees and cross-appellants.

Albert B. Martin, General Counsel, Wright W. Crummett and Wendell E. Yockey, of Topeka, were on the brief of League of Kansas Municipalities as amicus curiae.

The opinion of the court was delivered by

FATZER, J.:

This was an action in the nature of quo warranto brought by the plaintiff, Warren H. Babcock, an individual, challenging the validity of seven annexation ordinances enacted by the city of Kansas City and published between February 11, 1965, and June 4, 1965, which substantially enlarged the city both as to population and area.

Issues were formed by the...

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