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STATE v. DeMARCO

No. 52791.

422 S.W.2d 644 (1968)

STATE ex rel. STATE HIGHWAY COMMISSION of Missouri, Respondent, v. Mike DeMARCO, Exceptions of Little Piney Oil Company et al., Appellants.

Supreme Court of Missouri, Division No. 1.

January 8, 1968.

Attorney(s) appearing for the Case

Robert L. Hyder, Melvin Englehart, Jefferson City, for plaintiff-respondent.

Weldon W. Moore, Rolla, for appellant Little Piney Oil Co., a Corporation.

Eugene E. Northern, Rolla, for appellant W. L. Jaques and another.

J. P. MORGAN, Special Judge.

Two landowners have joined in appealing from the result reached in this rather abortive condemnation action initiated by the State Highway Commission. We have jurisdiction as title to real estate is involved. Article V, Section 3, Constitution of Missouri.

Respondent's motion to dismiss the appeal for failure of appellants to comply with Rule 83.05, V.A.M.R., is overruled and the case will be considered on its merits. The commission...

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