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DEDEKE v. RURAL WATER DIST. NO. 5

No. 51,281

229 Kan. 242 (1981)

623 P.2d 1324

WALTER E. DEDEKE and IVA JUNE DEDEKE, Plaintiffs-Appellees, v. RURAL WATER DISTRICT No. 5, LEAVENWORTH COUNTY, KANSAS, and EDWARD BOTT, Defendants-Appellants.

Supreme Court of Kansas.

Opinion filed February 28, 1981.

Attorney(s) appearing for the Case

Edward J. Chapman, Jr., Chartered, of Leavenworth, argued the cause and was on the briefs for the appellant Water District.

Thomas J. Brown, Jr., of Leavenworth, argued the cause and was on the brief for the appellant Edward Bott.

John C. Tillotson, of Murray & Tillotson, Chartered, of Leavenworth, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is a dispute between a farm couple and a rural water district which arose when employees of the water district cut off the plaintiffs' water service. The plaintiffs, Walter E. Dedeke and his wife, Iva June Dedeke, are owners of farmland in Leavenworth County and participating members of the water district. The defendants are Rural Water District No. 5, Leavenworth County, and the chairman of its board...

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