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CITY OF WICHITA v. KANSAS GAS & ELECTRIC CO.

No. 45,526

204 Kan. 546 (1970)

464 P.2d 196

CITY OF WICHITA, Appellee, v. KANSAS GAS AND ELECTRIC COMPANY, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1970.

Attorney(s) appearing for the Case

Ralph Foster, of Wichita, argued the cause, and Stanley Garrity, of Wichita, was with him on the briefs for the appellant.

William C. Farmer, of Wichita, argued the cause, and John Dekker, of Wichita, was with him on the briefs for the appellee.

The opinion of the court was delivered by

KAUL, J.:

This is an action brought by plaintiff-appellee (City of Wichita) for a declaratory judgment to judicially determine whether defendant-appellant (Kansas Gas and Electric Company) is legally entitled to reimbursement from the city for the expense of relocating a power transmission line from its present location on the right-of-way of the Wichita Drainage Canal to another location on the same right-of-way....

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