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STATE EX REL. STATE HIGHWAY COMMISSION v. PINKLEY

No. 33985.

474 S.W.2d 46 (1971)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Appellant, v. Helen E. PINKLEY et al., Defendants, N. B. Downs et al., and Oscar E. Berry, et al., Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied November 29, 1971.

Attorney(s) appearing for the Case

Robert L. Hyder, Chief Counsel, Jefferson City, George Q. Dawes, Asst. Counsel, Sikeston, for plaintiff-appellant.

Schnapp, Graham & Reid, J. B. Schnapp, Fredericktown, for defendants-respondents.

Motion for Rehearing or to Transfer to Supreme Court Denied November 29, 1971.

DOERNER, Commissioner.

Appeal by the State Highway Commission in an eminent domain proceedings. The first issue presented is whether the trial court erred in denying condemnation for the reason that the evidence was insufficient to show that the Commission and the owners of the lands sought to be condemned could not "* * * agree upon the proper compensation to be paid, * * *," as...

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