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CITY OF KANSAS CITY v. KINDLE

No. 53731.

446 S.W.2d 807 (1969)

CITY OF KANSAS CITY, Missouri, a Municipal Corporation, Appellant, v. Sheridan E. KINDLE et al., Respondents.

Supreme Court of Missouri, Division No. 1.

November 10, 1969.

Attorney(s) appearing for the Case

Herbert C. Hoffman, City Counselor, Richard W. Mason, Jr. and L. B. Saunders, Associate City Counselors, Kansas City, for appellant City.

James W. Benjamin, Cecil L. Caulkins, Rogers, Field & Gentry, Kansas City, for respondents.

J. Robertson Claggett, Kemp, Koontz, Clagett & Norquist, Kansas City, of counsel.

Achtenberg, Sandler & Balkin, Lloyd S. Hellman, Kansas City, for respondents.

HOUSER, Commissioner.

This is the second appeal in a condemnation proceeding. On the first appeal, In re Coleman Highlands, Mo.Sup., 401 S.W.2d 385, a judgment dismissing the proceedings in the pleading stage, on motion of certain property owners, was reversed and the cause was remanded to afford the parties an opportunity to present evidence on the question whether the taking was for a public or a private use or purpose. Reference...

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