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STATE v. PAUL

No. 49805.

368 S.W.2d 419 (1963)

STATE of Missouri, ex rel., STATE HIGHWAY COMMISSION of Missouri, Appellant, v. Clifford Charles PAUL et al., On Exceptions of Roy J. Fullington, Lena Fullington, and Shell Oil Company, Inc., Respondents.

Supreme Court of Missouri, En Banc.

June 4, 1963.

Attorney(s) appearing for the Case

Robert L. Hyder, Ralph H. Duggins, Wilkie Cunnyngham, Jefferson City, for appellant.

C. Kenneth Thies, Kerth, Thies & Schreiber, Clayton, for respondents.

STORCKMAN, Judge.

This is an action to condemn for highway purposes certain land belonging to the defendants Roy J. Fullington and Lena Fullington. Commissioners appointed by the court awarded the defendants $69,000 to which award the plaintiff excepted. The plaintiff paid the full amount of the award into court on February 29, 1960, and took possession of the land. On May 2, 1960, the defendants withdrew from the registry of the court the sum of $30,000 leaving ...

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