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SECRETARY OF KANSAS DEPT. OF TRANSPORTATION v. UNDERWOOD EQUIPMENT, INC.

No. 86,685.

273 Kan. 453 (2002)

44 P.3d 439

E. DEAN CARLSON, IN HIS CAPACITY AS THE SECRETARY OF TRANSPORTATION FOR THE STATE OF KANSAS, Appellee, v. UNDERWOOD EQUIPMENT, INC., A KANSAS CORPORATION, Appellant.

Supreme Court of Kansas.

Opinion filed April 19, 2002.

Attorney(s) appearing for the Case

John L. Richeson, of Anderson, Byrd, Richeson, Flaherty & Henrichs, L.L.P., of Ottawa, argued the cause and was on the brief for appellant.

Timothy P. Orrick, of Parkinson, Foth & Orrick, L.L.P., of Lenexa, argued the cause, and Michael B. Rees, chief counsel, Kansas Department of Transportation, was with him on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

This condemnation appeal raises two questions: (1) Was it clearly erroneous to separate PIK Civ.3d 131.04, a jury instruction which relates to the calculation of damages for a partial taking, into three different instructions? and (2) Was it reversible error for extraneous documents included in an exhibit which were admitted into evidence pursuant to the condemnee's request and over the condemnor's objection...

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