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JUHNKE v. HESS

No. 46,609

211 Kan. 438 (1973)

506 P.2d 1142

CARL JUHNKE, Appellant, v. HERBERT R. HESS, JR., Appellee.

Supreme Court of Kansas.

Opinion filed March 3, 1973.

Attorney(s) appearing for the Case

Lyle P. Baker, of Sowers, Sowers, Carson and Johnston, of Wichita, argued the cause, and James P. Johnston, of the same firm, was with him on the brief for the appellant.

Victor D. Goering, of Hutchinson, argued the cause, and Robert J. Gilliland and John F. Hayes, both of Hutchinson, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an action against an attorney for damages for failure to file a timely appeal upon behalf of his client in a condemnation proceeding. At issue is the timeliness of the filing of the damage action against the attorney.

Plaintiff owned certain land adjacent to the Hutchinson municipal airport, which land became the subject of a condemnation proceeding in which air rights over plaintiff's land...

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