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RAUH v. CITY OF HUTCHINSON

No. 48,572

223 Kan. 514 (1978)

575 P.2d 517

CHARLES E. RAUH, Appellant, v. CITY OF HUTCHINSON, KANSAS, a Municipal Corporation, and TOM CLARKSON, JOHN NEAL, JAMES MARTINEZ, JOHN NICKELSON and BERT ALUMBAUGH, City Commissioners, Appellees, and CARGILL, INC., Intervenor-Appellee.

Supreme Court of Kansas.

Opinion filed February 25, 1978.

Attorney(s) appearing for the Case

Ralph J. Thorne, of Rauh, Thorne & Robinson, of Hutchinson, argued the cause and was on the brief for appellant.

Robert J. Gilliland, of Gilliland, Hayes & Goering, of Hutchinson, argued the cause, and John F. Hayes and James R. Gilliland, of the same firm, and Charles K. Hyter, of Hutchinson, were with him on the brief for appellees and intervenor-appellee.

The opinion of the court was delivered by

HOLMES, J.:

This action was filed by plaintiff-appellant, Charles E. Rauh, to restrain the Hutchinson, Kansas, City Commission from taking action on two ordinances providing for the issuance of industrial revenue bonds to finance Cargill, Inc. in the improvement and expansion of the former Barton Salt Plant. In addition to the restraining order, plaintiff prayed for a determination...

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