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SCHWARTZ v. WESTERN POWER & GAS CO., INC.

No. 46,264

208 Kan. 844 (1972)

494 P.2d 1113

In the Matter of the Condemnation Appeal of HAROLD C. SCHWARTZ and GERALDINE H. SCHWARTZ, Appellees, v. WESTERN POWER & GAS COMPANY, INC., Appellant. In the Matter of the Condemnation Appeal of WILFRED SCHARTZ and ELSIE MAE SCHARTZ, Appellees, v. WESTERN POWER & GAS COMPANY, INC., Appellant. In the Matter of the Condemnation Appeal of ROBERT W. MERMIS, Appellee, v. WESTERN POWER & GAS COMPANY, INC., Appellant. In the Matter of the Condemnation Appeal of WAYNE E. PRITCHARD and HELEN PRITCHARD, Appellees, v. WESTERN POWER & GAS COMPANY, INC., Appellant.

Supreme Court of Kansas.

Opinion filed March 4, 1972.

Attorney(s) appearing for the Case

Glenn Opie, of Great Bend, argued the cause and Fred L. Conner, of Great Bend, was with him on the brief for the appellant.

Robert P. Keenan, of Great Bend, argued the cause and Larry E. Keenan, of Great Bend, was with him on the brief for the appellee.

Mark H. Adams and William S. Richardson, of Adams, Jones, Robinson and Manka, of Wichita, were on the brief amici curiae for the El Paso Natural Gas Company, Natural Gas Pipe Line Company of America, Northern Natural Gas Company.

Wright W. Crummett, of Topeka, General Counsel for the League of Kansas Municipalities was on the brief amicus curiae.

Joseph J. Poizner and Dana B. Dodderidge, of Topeka, Staff Attorneys, were on the brief amici curiae for the State Highway Commission.

Harry T. Coffman and Stephen Jones, both of Lyndon, were on the brief amici curiae.

The opinion of the court was delivered by

PRAGER, J.:

This is an appeal brought by the appellant, Western Power & Gas Co., Inc., from judgments entered in four separate condemnation cases which were consolidated and tried before a single jury. In 1968 Western instituted a condemnation action to acquire easements across certain tracts of land in Barton County, Kansas, for the transmission of electrical energy. Western in taking the easements contemplated...

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