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KAMO ELECTRIC COOPERATIVE, INC. v. CUSHARD

No. 54823.

455 S.W.2d 513 (1970)

KAMO ELECTRIC COOPERATIVE, INC., Appellant, v. William C. CUSHARD and Elizabeth Ruth Cushard, Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 13, 1970.

Attorney(s) appearing for the Case

Jack L. Rorschach, Vinita, Okl., John M. Belisle, Belisle, McNabb & Kyser, Butler, for appellant.

E. J. Murphy, Butler, for respondents.

The Empire District Electric Co., Frederick H. Laas, Joplin, Kansas City Power & Light Co., Lowell L. Smithson, Kansas City, Missouri Power & Light Co., J. Steven Weber, Jefferson City, Missouri Public Service Co., Ronald C. Spradley, Kansas City, Southwestern Bell Telephone Co., Edgar Mayfield, St. Louis, Union Electric Co., Joseph E. Birk, St. Louis, amici curiae.

Pickett, Andereck & Hauck, Phil Hauck, Trenton, for N. W. Electric Power Cooperative, Inc., amicus curiae.

SEILER, Judge.

This is a condemnation suit to acquire an easement 100 feet wide, running diagonally 2,805 feet across defendants' 220 acre farm-residence property. Upon and along the easement plaintiff has constructed a 69,000 volt electric transmission line consisting of 8 single poles with supporting cross arms, insulators, circuit breakers, wires, lightening arrestors, and other necessary electric equipment. The line is plainly visible from the public highway which...

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