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STATE v. FOELLER

No. 51228.

396 S.W.2d 714 (1965)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Appellant, v. Julia F. FOELLER et al., On Exceptions of Wellsville Firebrick Company, a corporation, and New Florence Firebrick Company, a corporation, Respondents.

Supreme Court of Missouri, Division No. 2.

December 13, 1965.

Attorney(s) appearing for the Case

Robert L. Hyder, Thomas E. Cheatham, Jefferson City, for appellant.

Walter D. McQuie, Jr., Montgomery City, William J. Kenney, Kenney, Stevens, Hill & Clark, Pittsburgh, for respondents.

PRITCHARD, Commissioner.

In this condemnation case of a portion of land for the right of way for Interstate Highway 70 in Montgomery County, Missouri, respondents recovered judgment for $82,000 for the taking of 100,000 tons of their subsurface mineral rights to New Florence Flint clay. The clay, described as high quality, is used in the manufacture of superduty fire brick. Appellant contends that the judgment is excessive...

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