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  5. 579 S.W.2d 155 (1979)
 

STATE ETC. v. JOE D. ESTHER INC.

Nos. 10672, 10679.

579 S.W.2d 155 (1979)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Appellant, v. JOE D. ESTHER, INC., Defendant-Respondent. STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. JOE D. ESTHER, INC., Defendant-Appellant.

Missouri Court of Appeals, Southern District, En Banc.

Rehearing Denied March 19, 1979.

Attorney(s) appearing for the Case

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

David Donnelly, Donnelly, Baldwin & Wilhite, Lebanon, for defendant-respondent-appellant.

BILLINGS, Judge.

Condemnation proceeding by the State Highway Commission and counterclaim by defendant for a mandatory injunction. The counterclaim was first tried by the court and relief denied. Trial by jury of the exceptions of the parties resulted in an award of $10,000 damages to defendant for the taking of an access and two drainage easements. Both parties appealed, defendant contending the court should have granted...

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