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STATE v. JACOB

No. 42441.

244 S.W.2d 7 (1951)

STATE ex rel. STATE HIGHWAY COMMISSION v. JACOB et al.

Supreme Court of Missouri, Division No. 2.

December 10, 1951.

Attorney(s) appearing for the Case

Earl G. Smith, St. Louis, for appellant.

Wilkie Cunnyngham, Jefferson City, George E. Ashley, St. Louis, for respondent State Highway Commission.

Stephen A. Boggiano and Boggiano & Hessel, all of St. Louis, for respondent Stephen Boggiano.

WESTHUES, Commissioner.

In September, 1949, the State Highway Commission instituted proceedings to condemn a strip of land several miles in length lying north of St. Charles Rock Road, which at that point is a part of U. S. Highway 40, in St. Louis County, Missouri. The strip of land condemned was formerly used by the St. Louis Public Service Company as a streetcar right of way. In 1948 the Public Service Company abandoned the right of way. Exceptions were filed to...

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