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STATE HIGHWAY COMMISSION v. FAIRMONT FOODS CO.

No. KCD 29731.

575 S.W.2d 885 (1978)

STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. FAIRMONT FOODS COMPANY d/b/a U-Totem, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

December 27, 1978.

Attorney(s) appearing for the Case

Steven J. Borel, Stubbs & Mann, P. C., Kansas City, for defendant-appellant.

Bruce A. Ring, Jefferson City, for plaintiff-respondent.

Before SOMERVILLE, P. J., DIXON and TURNAGE, JJ.

TURNAGE, Judge.

The State Highway Commission filed suit against Fairmont Foods to enjoin Fairmont from constructing a drive for direct access between its property and the south side of N.E. 48th Street. The court permanently restrained Fairmont from interfering with any highway structure placed along the south line of 48th Street and further restrained Fairmont from violating the limitation of access imposed on Fairmont...

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