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SHELOR v. WESTERN POWER & GAS CO.

No. 45,198

202 Kan. 428 (1969)

449 P.2d 591

CLAUD S. SHELOR, JR., and ROBERTA R. SHELOR, Appellants, v. WESTERN POWER AND GAS COMPANY, INC., Appellee.

Supreme Court of Kansas.

Opinion filed January 25, 1969.

Attorney(s) appearing for the Case

Lelyn Braun, of Garden City, argued the cause and was on the brief for appellants.

Harry A. Waite, of Dodge City, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

FROMME, J.:

This is an action to enjoin Western Power and Gas Company, Inc., a public utility, from taking plaintiffs' land by eminent domain proceedings.

The power company sought to acquire 34.6 acres of land owned by the plaintiffs in separate proceedings pursuant to K.S.A. 26-501 et seq. While the condemnation proceedings were pending on appeal from the appraiser's award the plaintiffs filed the present...

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