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KINNEY v. KANSAS FISH & GAME COMM'N

No. 57,933

238 Kan. 375 (1985)

710 P.2d 1290

ROGER C. KINNEY, WILLIAM O. KINNEY, GEORGE E. KINNEY, and FRANK W. KINNEY, Appellants, v. STATE OF KANSAS and KANSAS FISH AND GAME COMMISSION, Appellees.

Supreme Court of Kansas.

Opinion filed December 6, 1985.

Attorney(s) appearing for the Case

Phyllis F. Wendler, of Law Offices of Michael J. Friesen, P.A., of Garden City, argued the cause, and Michael J. Friesen, of the same firm, was with her on the briefs for appellant.

Bruce E. Miller, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, and John W. Campbell, assistant attorney general, were on the brief for appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is an appeal from a summary judgment entered in favor of defendants in an action to quiet title to certain land and to recover damages, brought against the State of Kansas and the Kansas Fish and Game Commission. The plaintiffs' claim is based upon a reversion clause in a warranty deed executed by the Kinney Land and Cattle Company in 1934. The plaintiffs claim to be the survivors in interest and heirs...

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