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STATE EX REL STATE HIGHWAY COMMISSION v. CARLIE

No. 34307.

487 S.W.2d 873 (1972)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. Carl J. CARLIE et al., on exceptions of Edmund J. and Florence Schaefer, Defendants-Respondents, and Edwin L. Bauman, Appellant.

Missouri Court of Appeals, St. Louis District, Division No. One.

September 26, 1972.

Attorney(s) appearing for the Case

Robert L. Hyder, Chief Counsel, Jefferson City, Robert W. Miller, Asst. Counsel, State Highway Commission, Kirkwood, for plaintiff-respondent.

Walter S. Berkman, Clayton, Herman M. Katcher, St. Louis, for defendants-respondents.

Charles A. Weber, Ste. Genevieve, Dearing, Richeson, Roberts & Wegmann, by Nicholas G. Gasaway and John A. Schneider, Hillsboro, for defendant-appellant.

CLEMENS, Judge.

This case concerns the respective rights of respondents Schaefer and appellant Bauman in a condemnation award. Edmund J. and Florence Schaefer owned the condemned land; Edwin L. Bauman was a tenant, or licensee, to whom the Schaefers had orally given permission to remove gravel from their land.

Bauman bases his claim to a share of the award on § 444.020, V.A.M.S.,1 which provides that when a land owner permits...

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