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BROWN v. STATE HIGHWAY COMMISSION

No. 45,802

206 Kan. 49 (1970)

476 P.2d 233

EUGENE BROWN, personally, and as Husband and one of the heirs of Evelyn Brown, deceased; as Father and Heir of Paul Kelly Brown, deceased; and as Father and Next Friend of JACQUALYN BROWN, ROBERTA BROWN and KATHRYN BROWN, Appellants, v. STATE HIGHWAY COMMISSION OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed November 7, 1970.

Attorney(s) appearing for the Case

R.R. Mitchell, of Dodge City, argued the cause, and Don C. Smith, of Dodge City, and Camilla Klein Haviland, of Dodge City, were with him on the brief for the appellant.

John Morse, of Topeka, argued the cause, and Douglas B. Myers, of Dodge City, was with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This case is the sequel to Brown v. State Highway Commission, 202 Kan. 1, 444 P.2d 882, in which we affirmed a judgment against the highway commission for damages resulting from a defect in a state highway. (K.S.A. 68-419.) In subsequent proceedings before the district court, plaintiff's claim for interest on the judgment was denied...

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