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SPEARS v. KANSAS CITY POWER & LIGHT CO.

No. 45,345

203 Kan. 520 (1969)

455 P.2d 496

JULIUS D. SPEARS, SPEARS REALTY CO., INC., a Corporation, and WEST RIDING DEVELOPMENT CO., a Joint Venture, Appellants, v. KANSAS CITY POWER AND LIGHT CO., a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed June 14, 1969.

Attorney(s) appearing for the Case

James C. Mordy, of Kansas City, Missouri, argued the cause, and Lyndus A. Henry, of Overland Park, and Martin J. Purcell, of Kansas City, Missouri, were with him on the brief for the appellant.

Jerome T. Wolfe, of Kansas City, Missouri, argued the cause, and H. Thomas Payne, of Olathe, and Lowell L. Smithson, of Kansas City, Missouri, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The plaintiffs, Julius D. Spears, Spears Realty Co., Inc., and West Riding Development Company, bring this action against the defendant, Kansas City Power and Light Company, to recover damages for an alleged appropriation of their land by means of the construction of underground transmission lines and conduits. Summary judgment was entered in the defendant's favor and the plaintiffs have appealed. For...

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