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STATE EX REL. STATE HIGHWAY COMMISSION v. WILLIS

No. 34410.

483 S.W.2d 599 (1972)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. David WILLIS et al., Defendant, On Exceptions of R. M. Keeney, Sr., Estates, Inc., a Corporation, Defendant-Appellant, and Sun Oil Company, a Corporation, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

Rehearing Denied July 25, 1972.

Application to Transfer Denied September 11, 1972.

Attorney(s) appearing for the Case

Schurr & Inman, Clayton, for defendant-appellant.

Albert E. Schoenbeck, St. Louis, for defendant-respondent.

Robert L. Hyder, Chief Counsel, Jefferson City, Thomas H. Pearson, Asst. Counsel, Kirkwood, for plaintiff-respondent.

DOERNER, Commissioner.

The primary issue presented in this appeal is whether, in this condemnation case, the trial court erred in granting a separate trial to the owner of a tract of ground and to a lessee, one of two or more lessees, to whom the owner had leased distinct portions of the tract.

The Highway Commission instituted this action on July 7, 1967, by the filing of its petition in which it sought to acquire property for the purpose of widening State...

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