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HAMER v. STATE HIGHWAY COMMISSION

No. 45679.

304 S.W.2d 869 (1957)

Frank HAMER, Doing Business as Frank Hamer Realty Company, Appellant, v. STATE HIGHWAY COMMISSION of the State of Missouri, and Rex M. Whitton, Chief Engineer of the State Highway Commission of the State of Missouri, Respondent.

Supreme Court of Missouri. Division No. 2.

September 9, 1957.

Attorney(s) appearing for the Case

Edwin C. Orr, Columbia, Williams & Norton, North Kansas City, for appellant.

Robert L. Hyder, Minor C. Livesay, Wilkie Cunnyngham, Jefferson City, for respondents.

STOCKARD, Commissioner.

Plaintiff has appealed from the judgment of the trial court dismissing his petition for failure to state a claim upon which relief can be granted. Jurisdiction is in this court because by his petition plaintiff seeks damages in the amount of $148,000, Harris v. Bates, 364 Mo. 1023, 270 S.W.2d 763, and also, because the determination of the issues in this case necessarily involves the construction of Article...

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