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STATE EX REL. STATE HWY. COM'N v. PUBLIC SERV. COM'N

No. 55453.

471 S.W.2d 249 (1971)

STATE of Missouri at the relation of STATE HIGHWAY COMMISSION of Missouri, Relator-Respondent, v. PUBLIC SERVICE COMMISSION of the State of Missouri et al., Respondents, and Chicago, Rock Island and Pacific Railroad Company, a corporation, Intervenor-Appellant, Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a corporation, Intervenor-Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied October 11, 1971.

Attorney(s) appearing for the Case

Robert L. Hyder, Carl E. Williamson, Jefferson City, for relator-respondent.

William C. Phelps, Morrison, Hecker, Cozad, Morrison & Curtis, Kansas City, for Chicago, M., St. P. & P. R. Co.

Thad C. McCanse, James & McCanse, Kansas City, for Chicago, R. I. & P. R. Co.

Motion for Rehearing or for Transfer to Court En Banc Denied October 11, 1971.

BARRETT, Commissioner.

In connection with the construction of Route 71 B.P. in Clay County into a divided four-lane highway, specifically in connection with the construction of an overpass grade separation over the tracks of the two appellant railroads and pursuant to chapter 389, particularly Sec. 389.640, RSMo 1969, V.A.M.S., the State Highway Commission invoked the jurisdiction...

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