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STATE EX REL. STATE HIGHWAY COMMISSION v. POLK

No. 54750.

459 S.W.2d 346 (1970)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Appellant, v. George M. POLK et al., Exceptions of Donald H. Smalligan et al., Respondents.

Supreme Court of Missouri, Division No. 2.

November 9, 1970.

Attorney(s) appearing for the Case

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

James E. Grier, Kansas City, for respondents; Hillix, Brewer & Myers, Kansas City, of counsel.

HENRY I. EAGER, Special Commissioner.

On June 9, 1966, plaintiff filed suit to condemn sundry tracts of real estate in Jackson County, to be used in making a part of U. S. Highway 50 a divided and limited access roadway. One of the tracts was that of the Respondents Smalligan. This was a very irregular tract in Lee's Summit. The petition described this tract (actually considered as two tracts) as located within the west 20 rods of the east 44 rods of the SW ¼...

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