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FELLERS v. STATE HIGHWAY COMMISSION

Nos. 47,093, 47,180, 47,196

214 Kan. 630 (1974)

522 P.2d 341

JUSTIN W. FELLERS and GEORGIA FELLERS, his wife, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee. HEBER JOHANSEN and PAULINE V. JOHANSEN, his wife, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee. FRANCIS ALVIN THOMPSON and WANDA LOIS THOMPSON, his wife, Appellants, v. THE STATE HIGHWAY COMMISSION OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed May 11, 1974.

Attorney(s) appearing for the Case

Stephen Jones, of Coffman, Jones & Hederstedt, of Lyndon, argued the cause, and Harry T. Coffman and David Hederstedt, of the same firm, were with him on the briefs for appellants-Fellers, Johansen and Thompson.

Jerold E. Berger, of Topeka, argued the cause, and Clyde M. Burns, of Burns & Burns, of Lyndon, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This appeal is from an order of the district court overruling a motion by the landowners to allow as court costs an amount to be paid to their attorney as attorney fees in an eminent domain proceeding. Two other appeals from the same district court present the identical legal question. The three appeals were ordered consolidated for hearing upon the written stipulation of the parties that our decision...

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