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STATE v. ROONEY

No. 42374.

235 S.W.2d 260 (1950)

STATE ex rel. COLLINS v. ROONEY, Judge of Circuit Court of Clay County.

Supreme Court of Missouri, en Banc.

December 15, 1950.

Attorney(s) appearing for the Case

Alan F. Wherritt, Liberty, for relator.

Conn Withers, Liberty, for respondent.

HYDE, Chief Justice.

Prohibition to prevent respondent Judge from condemning relator's real estate for right of way for levee construction under an amended plan of reclamation of the North Kansas City Levee District of Clay County. The petition for change of plan was filed March 18, 1949 and a decree authorizing it was entered August 7, 1950. Commissioners have been appointed and are ready to assess benefits and damages in accordance with the amended plan.

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