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STATE EX REL. STATE H. COM'N v. FRANCHISE R. INT. CORP.

No. 29770.

577 S.W.2d 925 (1979)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Appellant, v. FRANCHISE REALTY INTERSTATE CORP. et al., Respondents.

Missouri Court of Appeals, Western District.

February 26, 1979.

Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, Jefferson City, Earl H. Schrader, Jr., Darold W. Jenkins, Terry P. Thompson, Asst. Counsel, Mo. State Highway Commission, Kansas City, for appellant.

Stanley I. Dale, Dale, Flynn, Bauman & Liles, St. Joseph, Wm. G. McCaffree, Nevada, for respondents.

Before HIGGINS, Special Judge, Presiding, PRITCHARD, J., and ROBERT R. WELBORN, Special Judge.

ROBERT R. WELBORN, Special Judge.

Proceeding in condemnation for highway purposes. Landowners Roger Knapp and Joan A. Knapp excepted to commissioners' award and jury fixed their damages at $15,500.00. Condemnor Missouri State Highway Commission appeals.

In this court issues involve the propriety of considering "spatter" damages in posttaking valuation of respondents' property and refusal of trial court to give withdrawal instruction on cost of removal of improvements...

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