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STATE EX REL. STATE HIGHWAY COMMISSION v. SWINK

No. 59155.

537 S.W.2d 556 (1976)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Relator, v. The Honorable J. O. SWINK, Judge of the Circuit Court of Perry County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

June 14, 1976.

Attorney(s) appearing for the Case

John Yarbrough, Legal Counsel for State Highway Commission, Kirkwood, and Bruce Ring, Jefferson City, for relator.

John Schneider and Samuel Richeson, Hillsboro, for respondent.

BARDGETT, Judge.

The issue in this case is whether a property owner may maintain a suit against the State Highway Commission of Missouri (commission) for damages occasioned by the taking or damaging of real property by the state of Missouri for public use in the county where the land lies or must the landowner sue in Cole county, Missouri, where the commission has its principal office.

Relator, the commission, filed an original action in the Missouri court...

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