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STATE v. ALLISON

No. 8068.

357 S.W.2d 733 (1962)

STATE of Missouri ex rel. Clifford MORTON and Lulabelle Morton, Relators, v. Honorable Emery W. ALLISON, Judge of the 25th Judicial Circuit of Missouri, Respondent.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or, in Alternative, to Transfer Overruled June 5, 1962.

Attorney(s) appearing for the Case

Weldon W. Moore, Rolla, for relators.

Robert L. Hyder, Bruce A. Ring, Jefferson City, for respondent.

Motion for Rehearing or, in Alternative, to Transfer to Supreme Court Overruled June 5, 1962.

RUARK, Presiding Judge.

In this prohibition case we are confronted with the unwelcome task of attempting to interpret an engineer's description and to construe and apply Supreme Court Rule 86.06, V.A.M.R., in respect to the reinstitution of condemnation proceedings.

On April 3, 1961, the state highway commission filed its petition in condemnation against owners...

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