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KANSAS GAS & ELECTRIC CO. v. WINN

No. 50,258

227 Kan. 101 (1980)

605 P.2d 125

KANSAS GAS AND ELECTRIC COMPANY, Plaintiff-Appellant, v. ALBERT J. WINN, et al., Defendants-Appellees. KANSAS GAS AND ELECTRIC COMPANY, Plaintiff-Appellee, v. ALBERT J. WINN, et al., Defendants-Appellants.

Supreme Court of Kansas.

Opinion filed January 19, 1980.

Attorney(s) appearing for the Case

Robert D. Steiger, of the Law Offices of Ralph Foster, of Wichita, argued the cause and was on the briefs for plaintiff-appellant and plaintiff-appellee.

F.C. McMaster, of McMaster & Smith, of Wichita, argued the cause and was on the brief for the defendants-appellants, Albert J. Winn and Kathleen M. Winn.

Clyde M. Burns, of Burns & Burns, P.A., of Lyndon, argued the cause and was on the brief for the defendants-appellees, Purl Lance and Evelyn Lance.

The opinion of the court was delivered by

FROMME, J.:

This appeal involves rights to possession and use of land taken by a public utility in a condemnation proceeding. The condemnation proceeding was filed by Kansas Gas and Electric Company (KG&E) for the purpose of acquiring a site for the construction of an electric generating plant and a reservoir for the impoundment of water. This site is commonly referred to as the Wolf Creek Nuclear Power Plant....

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