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KANSAS STATE HIGHWAY COMMISSION v. ROEPKE

No. 44,976

200 Kan. 660 (1968)

438 P.2d 122

KANSAS STATE HIGHWAY COMMISSION, Appellant, v. ROLAND R. ROEPKE and FREDA M. THIERSTEIN ROEPKE, et al., Appellees.

Supreme Court of Kansas.

Opinion filed March 9, 1968.

Attorney(s) appearing for the Case

John H. Morse, of Topeka, Assistant Attorney General and Chief Attorney, argued the cause, and Warren W. Wagoner, Assistant Attorney, of Topeka, and Kenneth V. Moses, of Marysville, were with him on the brief for the appellant.

Rowland Edwards, of Waterville, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

PRICE, C.J.:

This appeal arises out of a condemnation proceeding.

Following a trial the court sustained the landowners' motion for a new trial on the ground the verdict was contrary to the evidence.

A second trial was had in which the jury returned a verdict in excess of that returned in the first trial. This verdict was approved and judgment was entered thereon.

The state highway commission...

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