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STATE v. ALLISON

No. 45457.

296 S.W.2d 104 (1956)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Relator, v. Honorable Emery W. ALLISON, Judge of the 39th Judicial Circuit of Missouri and the Circuit Court of Pulaski County, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 10, 1956.

Attorney(s) appearing for the Case

Robert L. Hyder, Minor C. Livesay, Jefferson City, for relator.

Miller, Fairman & Sanford, by John H. Fairman, Springfield, Stewart, Reid & Turner, by A. Ronald Stewart, Springfield, Claude T. Wood, Richland, Thomas A. Shockley, Waynesville, J. Howard Hannah, Springfield, H. O. Eldredge, Waynesville, Arthur B. Cohn, Waynesville, for respondent.

DALTON, Judge.

This is an original proceeding in mandamus. Relator seeks the mandate of this court to require Honorable Emery W. Allison, Judge of the 39th Judicial Circuit of Missouri to exercise jurisdiction and proceed with a certain condemnation action, entitled State ex rel. State Highway Commission of Missouri, plaintiff, v. Philip R. Lynch, et al., defendants, which said cause is pending before respondent in the Circuit Court of Pulaski County and, particularly...

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