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STATE v. BOSTIAN

No. 44753.

280 S.W.2d 663 (1955)

STATE of Missouri ex rel. MISSOURI WATER COMPANY, a Corporation, Appellant, v. Kenneth V.BOSTIAN, Mary Bostian, and The Atchison, Topeka and Santa Fe Railway Company, Respondents.

Supreme Court of Missouri. En Banc.

Rehearing Denied July 11, 1955.

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 relator-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. R. Co.

DALTON, Acting Chief Justice.

Action to condemn certain specifically described real estate in Jackson County for specifically stated purposes. Respondents filed motions to dismiss relator's first amended petition, which motions were sustained and the petition dismissed with prejudice. The Missouri Water Company, a corporation, designating itself as plaintiff and relator, appealed to the Kansas City Court of Appeals. That court affirmed the judgment of dismissal. State...

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