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COUNTY OF GREENE v. HAMMONS

No. 50731.

389 S.W.2d 843 (1965)

COUNTY OF GREENE, Appellant, v. John Q. HAMMONS, and His Wife Juanita Hammons, and Lee McLean, Jr., and His Wife Martha Y. McLean, Respondents.

Supreme Court of Missouri, Division No. 2.

May 10, 1965.

Attorney(s) appearing for the Case

Don E. Burrell, Pros. Atty., and David P. Anderson, Asst. Pros. Atty., Springfield, Mo., for appellant.

John B. Newberry, Springfield, for respondents.

STORCKMAN, Judge.

This proceeding was instituted by Greene County, Missouri, to condemn a portion of defendants' land for roadway purposes pursuant to the provisions of § 228.180, RSMo 1959, V.A.M.S. The defendants' contention in the trial court and here is that § 228.180 has been repealed directly or by implication and if not the statute is invalid in that it is in violation of the Missouri Constitution and the Civil Rules of this court relating to practice...

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