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STATE EX REL. STATE HIGHWAY COM'N v. C & B INVEST. CO.

No. 53215.

431 S.W.2d 188 (1968)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Appellant, v. C & B INVESTMENT COMPANY et al., Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied September 9, 1968.

Attorney(s) appearing for the Case

Robert L. Hyder, Jefferson City, Earl H. Schrader, Jr., Frank O. Benson, Kansas City, for appellant.

Harry P. Thomson, Jr., John R. Caslavka, Kansas City, for respondents, Shughart, Thomson & Kilroy, Kansas City, of counsel.

Motion for Rehearing or to Transfer to Court En Banc Denied September 9, 1968.

BARRETT, Commissioner.

As of April 25, 1961, the C & B Investment Company, in fact Mr. William E. Cunningham and Mr. Simon E. Bacher, owned 27.58 acres fronting on the east on old Highway 71. In relocating Highway 71 and making it into a limited access highway the State Highway Commission condemned 3.592 acres off the northeast corner of the tract, leaving with platted streets...

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