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KANSAS CITY AREA TRANSP., ETC. v. ASHLEY

No. 59472.

555 S.W.2d 9 (1977)

KANSAS CITY AREA TRANSPORTATION AUTHORITY OF the KANSAS CITY AREA TRANSPORTATION DISTRICT, Respondent, v. James G. ASHLEY, Jr., and Olive J. Ashley, Individually and as Executrix of the Estate of James G. Ashley, Sr., d/b/a Kansas City Public Service Freight Operation, Appellants.

Supreme Court of Missouri, En Banc.

July 11, 1977.

Attorney(s) appearing for the Case

L. R. Magee, Kansas City, for appellants.

Jack W. R. Headley, William K. Waugh, III, Jack D. Rowe, Kansas City, for respondent.

Phil Hauck, Erwin L. Milne, Trenton, Aaron A. Wilson, Walter J. O'Toole, Jr., Kansas City, for amicus curiae.

BARDGETT, Judge.

This appeal arises from a condemnation proceeding brought by the Kansas City Area Transportation Authority of the Kansas City Area Transportation District (ATA) against defendants-condemnees, the Ashleys. The Ashleys appealed to the court of appeals, Kansas City district, after a jury verdict assessing damages at $175,000 for the taking of the right of way and operating equipment of a freight railroad operated by the Ashleys. The court of appeals...

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