SMITH v. MISSOURI STATE HIGHWAY COMMISSION

No. 26022.

488 S.W.2d 230 (1972)

Alvin SMITH d/b/a Alvin Smith Heating and Air Conditioning Company, Plaintiff-Appellant, v. MISSOURI STATE HIGHWAY COMMISSION, Defendant-Respondent.

Missouri Court of Appeals, Kansas City District.

December 4, 1972.


Attorney(s) appearing for the Case

Donald S. Singer, Carter & Newmark, Clayton, for plaintiff-appellant.

Robert L. Hyder, Thomas E. Cheatham, State Highway Commission, Jefferson City, for defendant-respondent.

Before DIXON, P. J., and CROSS, and SWOFFORD, JJ.


SWOFFORD, Judge.

This is an appeal from a judgment of the Circuit Court affirming a ruling of the State Highway Commission denying the appellant benefits under the Federal Highway Relocation Assistance Act of 1968, 23 U.S.C.A., Chapter 5, Section 501 et seq.

We are met at the outset with a challenge to our jurisdiction. Respondent asserts that we lack jurisdiction because the proceeding before it was not such an administrative proceeding as to permit judicial...

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