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KANSAS CITY v. CAIN

No. 22974.

319 S.W.2d 266 (1958)

KANSAS CITY, Missouri, Respondent, v. Retta A. CAIN, Charles A. Hoopes, Nellie May Hoopes, Orville D. Baker, Maurine Baker, Edward A. Benoit, Esther Benoit, Fred G. Hartman, Clifford L. Swenson, and Alma I. Swenson, Appellants.

Kansas City Court of Appeals, Missouri.

December 15, 1958.

Attorney(s) appearing for the Case

Robert L. Jackson, Kansas City, Richard N. McFaddin, McFaddin & Spooner, No. Kansas City, for appellants.

Robert E. Coleberd, Liberty, William Harrison Norton, No. Kansas City, amicus curiae.

Benjamin M. Powers, City Counselor, Herbert C. Hoffman, Associate City Counselor, Elmo M. Hargrave, Asst. City Counselor, Kansas City, Robert F. Sevier, Liberty, of counsel, for respondent.

HUNTER, Judge.

This is a condemnation proceeding by Kansas City, Missouri, a municipal corporation, instituted under the provisions of Article VI of its Charter, to obtain certain lands in Kansas City, Clay County, Missouri, for public use for park purposes. Suit was commenced to acquire the 250 tracts of land with the filing in the Circuit Court of Clay County of a copy of Ordinance No. 19358 with a plat of the land to be taken. Tract No. 148 was owned by appellants...

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