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STATE EX REL. HWY. COM'N v. CITY OF WASHINGTON

No. 59028.

533 S.W.2d 555 (1976)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Relator-Appellant, v. CITY OF WASHINGTON, Missouri, Defendant-Respondent.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied March 8, 1976.

Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, Mo. State Highway Dept., Jefferson City, John H. Gladden, Asst. Counsel, Joplin, for relator-appellant.

L. B. Eckelkamp, Jr., Joseph M. Ladd, Jenny, Cole & Eckelkamp, Sidney A. Thayer, Jr., Washington, for defendant-respondent.

HOLMAN, Presiding Judge.

The Missouri State Highway Commission (hereinafter called plaintiff) filed this suit against the City of Washington seeking to recover one-half of the amount it expended in obtaining the right-of-way for Route 100 as constructed through said city. It was alleged that defendant contracted to reimburse plaintiff for one-half of said right-of-way cost but that defendant failed and refused to pay the same. A trial resulted in a verdict for plaintiff...

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