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McAFEE v. CITY OF GARNETT

No. 45,566

205 Kan. 269 (1970)

469 P.2d 295

HARRY G. McAFEE and NONA McAFEE, Husband and Wife, Plaintiffs, v. THE CITY OF GARNETT, KANSAS, a Municipal Corporation, Appellant, v. CITIES SERVICE GAS COMPANY, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed May 9, 1970.

Attorney(s) appearing for the Case

Leonard O. Thomas, of Weeks, Thomas, Lysaught, Bingham & Johnston, Chartered, of Kansas City, argued the cause, and Clark Howerton, of Garnett, and Richard O. Skoog, of Ottawa, were with him on the brief for the appellant.

Blake A. Williamson, of Williamson, Cubbison, Hardy & Crossette, of Kansas City, argued the cause, and Jack W. Wertz and Frank O. Hamilton, both of Oklahoma City, Oklahoma, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

Only two parties are concerned in this appeal, the City of Garnett, Kansas, and Cities Service Gas Company, to whom we shall hereafter refer as City, or plaintiff and Cities Service, or defendant. The trial court entered summary judgment in favor of Cities Service and the City has appealed.

The sequence of events forming the background of this case is as follows: Prior to 1947 the City, which owns...

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