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STATE EX REL. STATE HIGWAY COMMISSION v. FRANKLIN

No. 54197.

456 S.W.2d 26 (1970)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Respondent, v. William L. FRANKLIN et al., on Exceptions of Walter A. Reich, Edith H. Reich, Robert O. Reich, Mildred N. Reich, William H. Reich, Marcile K. Reich, Kenneth K. Barton, Dyke Barton, William G. Dietrich, Marjorie R. Dietrich, and Blue Ridge Shopping Center, Inc., Appellants.

Supreme Court of Missouri, Division No. 2.

July 13, 1970.

Attorney(s) appearing for the Case

Robert L. Hyder, Earl H. Schrader, Jr., Minor C. Livesay, Frank O. Benson, Kansas City, for respondent.

Dietrich, Tyler, Davis, Burrell & Dicus, William J. Burrell, James T. Seigfreid, Kansas City, for appellants.

STOCKARD, Commissioner.

In this action for condemnation of 7.288 acres of land for highway purposes the jury award of just compensation was $35,000 and the landowners have appealed. The difference between the award and that to which appellants claim they are entitled exceeds our minimum jurisdictional amount. We reverse and remand because of prejudicial argument. However, some of the other contentions on this appeal present issues which probably would recur in the...

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