CITY OF STRONG v. RURAL WATER DIST. NO. 1

No. 52,485

6 Kan. App. 2d 859 (1981)

636 P.2d 192

CITY OF STRONG, Appellant, v. RURAL WATER DISTRICT No. 1, CHASE COUNTY, KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed November 19, 1981.


Attorney(s) appearing for the Case

William Hergenreter, of Shaw, Hergenreter, Quarnstrom & Wright, of Topeka, and Charles R. Rayl, of Cottonwood Falls, for the appellant.

D.W. Wheeler, of Wheeler & Wheeler, of Marion, for the appellee.

Before JUSTICE HERD, presiding, SWINEHART, J., and LEWIS L. McLAUGHLIN, District Judge Retired, assigned.


McLAUGHLIN, J.:

This is an appeal by plaintiff City of Strong from the trial court's order dismissing the action without prejudice upon defendant's motion at the close of plaintiff's case. The case involved a dispute as to water rates. Plaintiff is a municipal corporation and defendant is a Rural Water District.

On October 22, 1973, the parties executed a water purchase contract providing for the sale of water by plaintiff to defendant at the rate of $ .60...

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