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DOUGAN v. ROSSVILLE DRAINAGE DIST.

No. 61,600

243 Kan. 315 (1988)

757 P.2d 272

L. FRANK DOUGAN, ROBERT MOHLER, LAWRENCE MOHLER, and RAYMOND MOHLER, Appellees, v. ROSSVILLE DRAINAGE DISTRICT, Appellant.

Supreme Court of Kansas.

Opinion filed June 3, 1988.

Attorney(s) appearing for the Case

Richard F. Hayse, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause and was on the briefs for appellant.

J. Roger Hendrix, of Marshall, Davis, Hendrix & Schenk, of Topeka, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

PRAGER, C.J.:

This is an action brought by the plaintiffs, L. Frank Dougan and his farm tenants, the Mohlers, to recover from defendant Rossville Drainage District for damage to cropland and loss of crops caused by flooding. Plaintiffs claim that the flooding was the result of acts of the defendant which caused a diversion of natural waters through the construction of dikes and embankments and the widening of a drainage...

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