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STATE EX REL. STATE HY. COM'N v. SOUTHERN DEVELOP. CO.

No. 56949.

509 S.W.2d 18 (1974)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. SOUTHERN DEVELOPMENT COMPANY and the Kansas City Southern Railway Company, corporations, Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied May 13, 1974.

Attorney(s) appearing for the Case

Robert L. Hyder, Earl H. Schrader, Jr., Minor C. Livesay, Frank O. Benson, Kansas City for plaintiff-respondent.

Robert D. Youle, Thomas J. Wheatley, Kansas City, for defendants-appellants; Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, of counsel.

Motion for Rehearing or to Transfer to Court en Banc Denied May 13, 1974.

FINCH, Judge.

This is a condemnation suit wherein the State Highway Commission (SHC) acquired right-of-way easements for construction of a portion of Interstate Highway I-435, a circumferential highway around Kansas City. Commissioners who were appointed awarded $850,000 to Southern Development Company (Development) and $5,000 to Kansas City Southern Railway Company (KCS). Following...

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