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STATE v. MONTGOMERY

No. 43958.

275 S.W.2d 283 (1955)

STATE of Missouri ex rel. CHARITON RIVER DRAINAGE DISTRICT, a Corporation, Appellant, v. Harry G. MONTGOMERY et al., Defendants; Alpha and Basil Soupos, Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer to Denied February 14, 1955.

Attorney(s) appearing for the Case

Hunter, Chamier & Motley, Moberly, George J. England, Jayne & Jayne, Kirksville, for appellant.

Roland Zeigel, Kirksville, P. M. Marr, Milan, C. Marion Hulen, Moberly, Edwards, Hess & Collins, Macon, for respondents.

Motion for Rehearing or to Transfer to Court en Banc Denied February 14, 1955.

VAN OSDOL, Commissioner.

This is a condemnation proceeding. Commissioners, regularly appointed, awarded defendants-respondents, landowners, Alpha and Basil Soupos, wife and husband, the sum of $10,000 as damages to their farm in Macon County because of the taking of a part of their land for a right-of-way for a drainage ditch. Both relator...

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