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CITY OF WICHITA v. UNIFIED SCHOOL DISTRICT NO. 259

No. 45,002

201 Kan. 110 (1968)

439 P.2d 162

THE CITY OF WICHITA, KANSAS, a Municipal Corporation, Appellant and Cross-Appellee, v. UNIFIED SCHOOL DISTRICT No. 259 (Wichita), Sedgwick County, State of Kansas, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed April 6, 1968.

Attorney(s) appearing for the Case

Everett C. Fettis, of Wichita, argued the cause, and John Dekker and Robert C. Allan, both of Wichita, were with him on the brief for the appellant and cross-appellee.

J. Ashford Manka, of Wichita, argued the cause, and Mark H. Adams, Sr., Charles E. Jones, William I. Robinson, Clifford L. Malone, Mark H. Adams II, John S. Seeber, Floyd E. Jensen, Philip L. Bowman, Robert Hall and Joe Rolston, of counsel, all of Wichita, were with him on the brief for the appellee and cross-appellant.

The opinion of the court was delivered by

FONTRON, J.:

For over forty years the Skinner School served Wichita children. For the first thirty-three winters of its existence a single sturdy two-story brick structure, containing four classrooms, graced its 4.13 acres. But in 1951 and again in 1955, the surge in school population caught up with the area served by Skinner, and in each of those years additional one-story facilities of more modern design were added...

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