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STATE EX REL. STATE HY. COM'N v. FAMILY MEM. SERV. INC.

No. 33582.

456 S.W.2d 626 (1970)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. FAMILY MEMORIAL SERVICES INCORPORATED, a corporation, Exceptions of Noble J. Cooksey et al., Defendants, Noble J. Cooksey, Ruth Cooksey, Charles M. Hulen and Minnie Mae Hulen, Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

June 12, 1970.

Attorney(s) appearing for the Case

Hulen, Hulen & Tatlow, Moberly, for defendants-appellants.

Marion E. Lamb, Moberly, Robert L. Hyder, Chief Counsel, Ray Conrad, Asst. Counsel, State Highway Commission of Missouri, Jefferson City, for plaintiff-respondent.

WEIER, Commissioner.

The State Highway Commission by condemnation bisected diagonally from northwest to southeast the eighty-three acre tract of the defendants, Cooksey. The tract could be described as a rectangle with two quarter-quarter sections of approximately forty acres each, stacked north and south so that longitudinal property lines were about twice as long as the latitudinal lines. The right-of-way, 260 feet wide, entered near the northwest corner and extended...

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