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THIRTY v. CARLSON

Civ. A. No. 94-2425-GTV.

887 F.Supp. 1407 (1995)

Marc THIRY, Diane De Fries Thiry, and John D. De Fries Trust, Plaintiffs, v. E. Dean CARLSON, Kansas Secretary of Transportation, Kansas State Department of Transportation, City of Basehor, Kansas, City of Tonganoxie, Kansas, and County of Leavenworth, Kansas, Defendants, United States of America, Intervenor.

United States District Court, Kansas.

May 8, 1995.

Attorney(s) appearing for the Case

Theodore J. Lickteig, Overland Park, KS, Todd M. Richardson, Leawood, KS, for Marc Thiry, Diane De Fries Thiry, John D. De Fries Trust.

Christina L. Morris, Office of U.S. Atty., Kansas City, MO, for U.S.

Vicky S. Johnson, Office of Chief Counsel, Gelene D. Savage, Kansas Dept. of Transp., John W. Strahan, Topeka, KS, Michael L. Johnston, Kan. Secretary of Transp.

Vicky S. Johnson, Michael B. Rees, Office of Chief Counsel Kansas Dept. of Transp., Topeka, KS, Gelene D. Savage, Michael J. Davis, Stinson, Mag & Fizzell, Kansas City, MO, John W. Strahan, Topeka, KS, for Kansas State Dept. of Transp., City of Basehor, County of Leavenworth, Kan., E. Dean Carlson, Secretary of Transp.

Vicky S. Johnson, Office of Chief Counsel Kansas Dept. of Transp., Topeka, KS, Michael J. Davis, Stinson, Mag & Fizzell, Kansas City, MO, City of Tonganoxie, Kan.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

This is an action to enjoin the defendants from condemning certain real estate in Leavenworth County, Kansas, to be used in connection with a highway construction project. The court had previously granted plaintiffs' requests for a temporary restraining order and preliminary injunction. A trial to the court on the merits of the case was then held on March...

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