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STATE EX REL. STATE HIGHWAY COM'N v. JOHNSON

No. KCD 27803.

544 S.W.2d 276 (1976)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION OF MISSOURI, Appellant, v. John Forrest JOHNSON et al., Exceptions of Don Hall, Inc., et al. Respondents.

Missouri Court of Appeals, Kansas City District.

November 29, 1976.

Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, Jefferson City, Earl H. Schrader, Jr., Darold W. Jenkins, Asst. Counsel, Missouri State Highway Comm., Kansas City, for appellant.

James O. Turner, Turner & Whetsell, Miner, Martin & Speiser, St. Joseph, for respondents.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

TURNAGE, Presiding Judge.

The State Highway Commission filed suit against Don Hall, Inc., for the purpose of acquiring right-of-way for the construction of Interstate Route 29. The commissioners awarded Hall $36,333. On exceptions filed by Hall, a jury awarded Hall $25,000. Thereafter the court sustained a motion for a new trial filed by Hall and granted a new trial as to all issues.

The court granted the new trial on the grounds it erred in admitting evidence...

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