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eBook details

• Title: United States v. Mraz
• Author : United States Court of Appeals Tenth Circuit
• Release Date : January 18, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

This case was here on a former appeal, at which time we upheld the validity of a Kansas Statute, G.S.1949, 26-201 et seq., relating to the notice required to be given a landowner in condemnation proceedings, brought to acquire a pipeline right of way. Collins v. City of Wichita, Kansas, 10 Cir., 225 F.2d 132. On November 7, 1955, certiorari was denied by the Supreme Court of the United States and the judgment became final. 350 U.S. 886, 76 S. Ct. 140, 100 L. Ed. 781. More than a year later, in another case between different parties but involving the validity of the same statute, the United States Supreme Court held that the notice provisions of the statute did not measure up to the requirements of the "due process" clause of the Fourteenth Amendment. Walker v. Hutchinson City, 352 U.S. 112, 77 S. Ct. 200, 1 L. Ed. 2d 178. Thereafter the appellants in this case filed a motion in the District Court in which they sought relief from the judgment under Rule 60(b), Federal Rules of Civil Procedure, 28 U.S.C.A. The motion was overruled and this appeal was taken.

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