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STATE v. HOESTER

No. 49521.

362 S.W.2d 519 (1962)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Relator, v. The Honorable Robert G. J. HOESTER, Judge of the 21st Judicial Circuit of Missouri and of Division 8 of the Circuit Court of St. Louis County, Harry Gershenson, S. M. Aronson, and Edward B. Southall, Condemnation Commissioners, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 11, 1962.

Attorney(s) appearing for the Case

Robert L. Hyder, Samuel C. Ebling, Jefferson City, for relator.

Paul Taub, Overland, Attorney for respondent Judge and for intervenor.

HYDE, Judge.

Relator commenced a condemnation proceeding in the Circuit Court of St. Louis County, in June 1961, for 6.5 miles right of way for a state highway. All required land has been acquired (including 42 parcels condemned) except the property owned by the Ballwin Fire Protection District (hereinafter called Fire District) which has been permitted to intervene. Separate commissioners were appointed to appraise Fire...

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