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STATE EX REL. STATE HWY. COM'N v. WALLY HUTTER OIL CO.

No. 33924.

467 S.W.2d 279 (1971)

STATE of Missouri, ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Appellant, v. WALLY HUTTER OIL COMPANY, a Corporation, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

April 27, 1971.

Attorney(s) appearing for the Case

Robert L. Hyder, Chief Counsel, Ray Conrad, Asst. Counsel, Bruce A. Ring, Asst. to Chief Counsel, Jefferson City, for plaintiff-appellant.

Ely & Cary, Hannibal, Loos & Schnack, Quincy, Ill., for defendant-respondent.

DOERNER, Commissioner.

Plaintiff brought this action to recover damages in the sum of $6200 for the defendant's alleged wrongful removal from a tract of land of certain articles which the plaintiff claimed were fixtures thereon. The trial court sustained defendant's motion for a directed verdict at the close of plaintiff's evidence, and after an unavailing motion for a new trial plaintiff appealed. We affirm.

In 1968 the plaintiff planned to build a new highway...

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