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STATE, EX REL., v. MILLS

No. 38,302

171 Kan. 397 (1951)

233 P.2d 720

THE STATE OF KANSAS, ex rel. HAROLD R. FATZER, Attorney General, Appellant, v. GOVAN MILLS, W.A. DEWITT, and GEORGE SMITH, Appellees.

Supreme Court of Kansas.

Opinion filed July 3, 1951.

Attorney(s) appearing for the Case

Warden L. Noe, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, J. Raymond Eggleston, county attorney, and Riley W. MacGregor, Vernon F. Coss and John W. MacGregor, of Medicine Lodge, were with him on the briefs for the appellant.

W. Luke Chapin, of Medicine Lodge, argued the cause and was on the briefs for appellee Govan Mills.

The opinion of the court was delivered by

WERTZ, J.:

This was an action by the state on relation of the attorney general to enjoin defendant Govan Mills from maintaining certain levees constructed parallel to the Medicine Lodge River as well as other levees across the valley and overflow plane of said river, and to compel removal and leveling of such levees. Pertinent portions of the allegations of the petition are that Govan Mills owns and occupies a certain...

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