STATE v. BOSTIAN

No. 22225.

272 S.W.2d 857 (1954)

STATE of Missouri ex rel. MISSOURI WATER COMPANY, a Missouri Corporation, Appellant, v. Kenneth V. BOSTIAN et al., Respondents.

Kansas City Court of Appeals. Missouri.

November 1, 1954.


Attorney(s) appearing for the Case

J. Marcus Kirtley, Rufus Burrus, Independence, Gerald K. Presberg, St. Louis, Carter, Bull & Baer, St. Louis, of counsel, for appellant.

Byron A. Stewart, Independence, Lathrop, Righter, Blackwell & Parker, Richard S. Righter, William M. Stapleton, Kansas City, for respondents Kenneth V. Bostian and Mary Bostian.

John H. Lathrop, Sam D. Parker, Henry W. Fox, Kansas City, for respondent Atchison, T. & S. F. Ry. Co.


DEW, Judge.

The first amended petition in this case seeks the condemnation of the fee title to certain lands of the defendants for certain uses set forth. The trial court, on motion of the respondents, dismissed the petition with prejudice, at the cost of the relator, on the ground that the petition failed to state a claim on which relief can be granted, for the reason stated in the entry by the court. Thereupon the relator...

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