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STATE EX REL. STATE HIGHWAY COMMISSION v. GRAELER

No. 34740.

495 S.W.2d 741 (1973)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Appellant, v. Edgar H. W. GRAELER et al., On Exceptions of Magdalen T. Harrington, Defendant-Respondent.

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

Motion for Rehearing or for Transfer Denied May 11, 1973.

Application to Transfer Denied July 16, 1973.

Attorney(s) appearing for the Case

Robert L. Hyder, Jefferson City, Richard E. Baker, Kirkwood, for plaintiff-appellant.

Bahn & Saitz, St. Louis, for defendant-respondent.

SIMEONE, Judge.

This is an appeal by the State Highway Commission (hereinafter Commission) from an order of the Circuit Court of St. Louis County made on June 19, 1972, which sustained a motion to dismiss for failure to prosecute exceptions made to a condemnation award. We reverse.

The Commission instituted this condemnation action by filing a petition on April 3, 1964 to condemn a parcel of land belonging to defendant-respondent, Magdalen T. Harrington, in...

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