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STATE EX REL. STATE HIGHWAY COMM. v. SCOTT

No. 9945.

544 S.W.2d 340 (1976)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION, Plaintiff-Appellant, v. Bill A. SCOTT et al., Sylvester R. Sutter and Mary Katherine Sutter, Defendants-Respondents.

Missouri Court of Appeals, Springfield District.

December 2, 1976.

Attorney(s) appearing for the Case

Bruce A. Ring, William T. Powers, Jr., Jefferson City, George M. Johnson, Springfield, for plaintiff-appellant.

Gerald H. Lowther, Theodore L. Johnson III, Lowther, Johnson & Franks, Springfield, for defendants-respondents.

Before STONE, P. J., and HOGAN and FLANIGAN, JJ.

FLANIGAN, Judge.

The State Highway Commission brought this action to condemn 1.65 acres of a tract of land owned by defendants Sylvester R. Sutter and Mary Katherine Sutter. The land is located in Lebanon, Missouri, in the northeast quadrant of the "I-44, Highway 5 Interchange." The area of the entire tract, before the taking, was 2.66 acres. The area remaining after the taking is 1.01 acres. Defendants filed exceptions to the report of the commissioners, who had...

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