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CENTER SCHOOL DISTRICT NO. 58 OF JACKSON CO. v. KENTON

No. 47973.

345 S.W.2d 120 (1961)

CENTER SCHOOL DISTRICT NO. 58 OF JACKSON COUNTY, Missouri, et al., Respondents, v. Joseph S. KENTON and Marilyn H. Kenton, Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or for Transfer Denied April 10, 1961.

Attorney(s) appearing for the Case

Henry G. Eager, Arthur M. Wright, Kansas City, for appellants. Blackmar, Swanson, Midgley, Jones & Eager, Kansas City, of counsel.

Clarence H. Dicus, Gerald W. Gorman, Kansas City, for respondent. Dietrich, Tyler, Davis, Burrell & Dicus, Kansas City, of counsel.

Motion for Rehearing or for Transfer to Court en Banc Denied April 10, 1961.

HOLLINGSWORTH, Judge.

The two basic questions in this case are (1) whether a school district may abandon and dismiss without prejudice its condemnation action after a jury has assessed the landowner's damages, and (2) the extent of liability, if any, of the district for damages, interest and litigation expense (other than statutory costs) incurred by the landowner in defense of its...

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