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STATE EX REL. STATE HIGHWAY COM'N v. SAMBORSKI

No. 55189.

463 S.W.2d 896 (1971)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Relator, v. E. A. SAMBORSKI, Alice N. Samborski, and Ruby Caldwell Kenworthy, Respondents, and Sun Oil Company, Appellant.

Supreme Court of Missouri, Division No. 1.

March 8, 1971.

Attorney(s) appearing for the Case

James P. Tierney, John H. Calvert, Kansas City, William B. Waters, Liberty, for respondents, Lathrop, Koontz, Righter, Clagett & Norquist, Kansas City, Hale, Coleberd, Kincaid & Waters, Liberty, of counsel.

Samuel J. Molby, Kansas City, S. Morton Rurtherford III, Tulsa, Okla., for appellant, Watson, Ess, Marshall & Enggas, Kansas City, of counsel.

HIGGINS, Commissioner.

Proceedings under Section 523.053, V.A. M.S., for distribution of $47,500 condemnation award between landowners-lessors and lessee. The condemnor, State Highway Commission, paid the award into court and took no interest in this part of the condemnation action. The remaining parties waived a jury and went to trial on issues limited to a determination of lessee's interest in the award in which lessee...

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