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KANSAS CITY v. CAIN

No. 46814.

317 S.W.2d 331 (1958)

KANSAS CITY, Missouri, Condemnor, Respondent, v. Retta A. CAIN, Charles A. Hoopes, Nellie May Hoopes, Orville D. Baker, Maurine Baker, Edward A. Benoit, Esther Benoit, Fred C. Hartman, Clifford L. Swenson, and Alma I. Swenson, Appellants.

Supreme Court of Missouri, Division No. 1.

November 10, 1958.

Attorney(s) appearing for the Case

Robert L. Jackson, Kansas City, Richard E. McFadin, McFadin & Spooner, North Kansas City, for appellants.

Benj. M. Powers, City Counselor, Herbert C. Hoffman, Associate City Counselor, Elmo M. Hargrave, Asst. City Counselor, Kansas City, Robert F. Sevier, Liberty, of counsel, for respondent.

Robert E. Coleberd, Liberty, William Harrison Norton, North Kansas City, amici curiae.

COIL, Commissioner.

Kansas City, acting pursuant to the provisions of Article VI of its 1956 charter, filed a certified copy of ordinance No. 19358 with a plat of the land to be condemned for public park purposes. Thereafter, on October 14, 1957, a jury returned a verdict assessing damages in the total sum of $1,378,050.24, made up of 250 separate awards. $165,492.72 of that total was assessed against Kansas City and the...

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