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KANSAS CITY v. BERKSHIRE LUMBER COMPANY

No. 50996.

393 S.W.2d 470 (1965)

KANSAS CITY, Missouri, a Municipal Corporation, Respondent, v. BERKSHIRE LUMBER COMPANY, a Corporation, Appellant.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or for Transfer Denied September 13, 1965.

Attorney(s) appearing for the Case

Herbert C. Hoffman, City Counselor, Ned B. Bahr, Asst. City Counselor, for respondent.

Henry G. Eager, Kansas City, Swanson, Midgley, Jones, Blackmar & Eager, Kansas City, of counsel, for appellant.

Motion for Rehearing or for Transfer to Court En Banc Denied September 13, 1965.

WELBORN, Commissioner.

This is a condemnation proceeding by the City of Kansas City under Article VI of its charter in connection with the construction of a viaduct in Truman Road. Berkshire Lumber Company filed its claim for $60,000 damages. In a trial before a six-man freeholders' jury, Berkshire's witnesses placed its damages at between $34,000 and $55,000. Berkshire asked...

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