ROTH v. UNITED STATES DEPT. OF TRANSP.

No. 77-1766.

572 F.2d 183 (1978)

Donald E. ROTH, Individually and as Trustee, Appellant, Jordan Blythe Company, Trustee, Alice M. Bub v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Norbert Tiemann, State Highway Commission of Missouri, Jack Stapleton, Sr., Roy E. Mayes, Sr., and Joseph H. Bruening, Appellees, Robert N. Hunter, Frank G. Kriz, Roger R. Linsin, Jack Curtis, Daniel W. Duncan, Lynn W. Bauer, W. R. Logan and A. C. Riley.

United States Court of Appeals, Eighth Circuit.

Decided March 9, 1978.


Attorney(s) appearing for the Case

Samuel C. Ebling, St. Louis, Mo. (argued), Cullen Coil and Michael P. Riley, Jefferson City, Mo., on brief, for appellant.

Curtis F. Thompson, State Highway Commission of Missouri, Jefferson City, Mo. (argued) Bruce A. Ring and John W. Maupin, Jefferson City, Mo., on brief, for appellee, State Highway Commission.

E. Eugene Harrison, Asst. U. S. Atty., Kansas City, Mo. (argued), and Ronald S. Reed, Jr., U. S. Atty., Kansas City, Mo., on brief, for appellees, U. S. Dept. of Transportation and Norbert Tiemann.

Ronald C. Spradley and Frederick H. Riesmeyer, II, Kansas City, Mo., on brief, for appellee Roy E. Mayes.

Truman K. Eldridge, Jr., Kansas City, Mo., argued, for appellees, Mayes, Stapleton and Bruening, and on brief, for appellees Stapleton and Bruening.

Louis A. Huber, III, Kansas City, Mo., on brief, for appellees, Stapleton and Bruening.

Before GIBSON, Chief Judge, and LAY and STEPHENSON, Circuit Judges.


PER CURIAM.

Plaintiffs, landowners affected by the acquisition of property rights for an interstate highway, bring an interlocutory appeal from a denial of injunctive relief under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., to prevent the procurement of their property by the Missouri State Highway Commission. The district court sustained the motion to...

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