District Court, D. Kansas July 12, 1928, No. 3223 (Fairfax Drainage Dist. of Wyandotte County v. Kansas City, Mo.)

McDERMOTT, District Judge.

A general demurrer has been lodged against the petition, and has been elaborately briefed and argued; it now comes on for decision. The petition alleges:

Kansas City, Mo., owns approximately 54 acres of ground in Kansas, upon which is constructed its waterworks plant, the sole source of water supply for Kansas City, Mo.