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STATE EX REL. STATE HIGHWAY COMMISSION v. DEMARCO

No. 53501.

434 S.W.2d 552 (1968)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION, Plaintiff, v. Mike DEMARCO, Exceptions of Estate of W. E. Reed, et al., Movants-Respondents, v. Warren DEAN et al., Respondents-Appellants.

Supreme Court of Missouri, Division No. 1.

December 9, 1968.

Attorney(s) appearing for the Case

Jenny & Cole, James A. Cole, Union, William A. Moffitt, Jr., St. Louis, for movants-respondents.

Jay White, Rolla, for appellants.

HOUSER, Commissioner.

The state at the relation of the state highway commission filed condemnation proceedings naming the owners of the fee, and the lessee, and Warren E. Dean and wife, who claim to be sublessees of the property, as defendants. The commissioners awarded $78,000 damages without apportionment. The state, the owners and the Deans filed exceptions. These exceptions are still pending and undisposed of. The owners filed a motion for distribution asking...

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