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POHL, CONTRACTOR v. STATE HIGHWAY COM'N

No. 53749.

431 S.W.2d 99 (1968)

JOSEPH L. POHL, CONTRACTOR, a Corporation, et al., Appellants, Stephen T. Burns et al., Intervenors-Appellants, v. The STATE HIGHWAY COMMISSION of Missouri et al., Respondents.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing September 9, 1968.

Attorney(s) appearing for the Case

James W. Kelly, Cullen Coil, Jefferson City, for plaintiffs-appellants, Carson, Inglish, Monaco & Coil, Jefferson City, of counsel.

Robert L. Hyder, Chief Counsel, State Highway Commission, Jefferson City, Richmond C. Coburn, Sp. Counsel, Missouri Turnpike Authority, St. Louis, for respondents.

Douglas B. Remmers, Gen. Counsel, Automobile Club of Mo., Wm. W. Quigg, Goller & Hedrick, Jefferson City, for Automobile Club of Mo., amicus curiae.

SEILER, Judge.

This is an injunction suit by taxpayers who pay highway user taxes which go into the state road fund, to restrain the state highway commission and the Missouri turnpike authority from issuing revenue bonds to build a toll road or from carrying out the provisions of an agreement into which defendants have entered, particularly as regards the proposed leasing of the toll road by the highway commission from the turnpike authority at a rental to be paid...

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