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GROSS v. CAPITAL ELECTRIC LINE BUILDERS, INC.

No. 68,982

253 Kan. 798 (1993)

861 P.2d 1326

WILLIAM P. GROSS and LAVERNE GROSS, Appellants, v. CAPITAL ELECTRIC LINE BUILDERS, INC., STATE OF KANSAS, RAY A. WARDS, and TIMOTHY C. HEPNER, Appellees.

Supreme Court of Kansas.

Opinion filed October 29, 1993.

Attorney(s) appearing for the Case

F. Russell Peterson, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, argued the cause, and Paul Hasty, Jr., of the same firm, was with him on the briefs for appellants.

David W. Hauber, of Boddington & Brown, Chtd., of Kansas City, argued the cause and was on the brief for appellee Capital Electric Line Builders, Inc.

David C. Wetzler, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, and John W. Campbell, deputy attorney general, were on the brief for appellees State of Kansas, Ray A. Wards, and Timothy C. Hepner.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

The plaintiffs, William and Laverne Gross, brought this action, alleging that each of the defendants trespassed and that Capital Electric Line Builders, Inc., (Capital) the State of Kansas, and Kansas Highway Patrol Officers Ray Wards and Timothy Hepner took their property without compensation and violated their civil rights. The district court entered summary judgment against the Grosses. They appealed...

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