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SCHAAKE v. McGREW, ET AL.

No. 46,785

211 Kan. 842 (1973)

508 P.2d 930

In the Matter of the Condemnation of Land for Section II, of Lawrence, Kansas, Flood Protection Program CITY OF LAWRENCE, KANSAS, a Municipal Corporation, v. VIOLA McGREW. ROBERT E. SCHAAKE and LARRY G. SCHAAKE, Appellants, v. VIOLA McGREW, et al., STATE OF KANSAS, et al., Appellees.

Supreme Court of Kansas.

Opinion filed April 7, 1973.

Attorney(s) appearing for the Case

John C. Gage, of Gage, Tucker, Hodges, Kreamer, Kelly & Varner, of Kansas City, Missouri, argued the cause, and Edward J. Chapman, Jr., of Leavenworth, was with him on the brief for the appellants.

Robert B. Oyler, of Oyler & Paddock, of Lawrence, argued the cause, and James W. Paddock, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal from a judgment quieting title of land on the north bank of the Kansas River in appellees and denying appellants' claim to a portion of a condemnation award thereon.

Appellants Robert E. and Larry G. Schaake are brothers. Their family forbears and predecessors in title originally owned a tract of nearly 300 acres located in the southeast quarter of section 27, and the northeast...

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