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GIDDINGS v. CITY OF PITTSBURG

No. 44,591

197 Kan. 777 (1966)

421 P.2d 181

PETER W. GIDDINGS and VIRGINIA GIDDINGS; ARTHUR M. SCOTT and CHRISTINE A. SCOTT; WILLIAM T. BRAUN and MARION BRAUN; MAREA B. BLACK; BENJAMIN B. HINMAN and MARY HINMAN; HAROLD H. SPENCER, Appellees, v. THE CITY OF PITTSBURGH, KANSAS, Appellant.

Supreme Court of Kansas.

Opinion filed December 10, 1966.

Attorney(s) appearing for the Case

Charles H. Menghini, of Pittsburg, argued the cause and was on the brief for the appellant.

J. John Marshall, of Pittsburg, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

FONTRON, J.:

This appeal is from a judgment enjoining the City of Pittsburg, Kansas, from proceeding with certain street improvements.

The essential facts are not seriously disputed. Catalpa Street runs north and south in Pittsburgh and, for the present, is surfaced with asphalt. On October 28, 1963, a petition was filed with the city clerk of Pittsburg requesting that Catalpa Street, from Quincy to Maple Streets...

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