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  5. 592 S.W.2d 172 (1979)
 

STATE EX REL. STATE HIGHWAY COM'N v. GOULD

No. KCD30031.

592 S.W.2d 172 (1979)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION, Plaintiff-Appellant, v. E. A. GOULD et al., Exceptions of Phillip DeGrace et al., Defendants-Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 31, 1979.

Application to Transfer Denied February 11, 1980.

Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, Jefferson City, Earl H. Schrader, Jr., Terry P. Thompson, Asst. Counsel, Missouri State Highway Commission, Kansas City, for plaintiff-appellant.

John H. Norton and Wilbur L. Pollard, Norton & Pollard, Inc., North Kansas City, for respondent Phillip DeGrace.

Keith E. Witten, Sandler, Balkin, Hellman & Weinstein, Kansas City, for defendants-respondents, Merchants-Produce Bank and Sheldon P. Sandler, Trustee.

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

DIXON, Presiding Judge.

The State Highway Commission appeals trial court dismissals of exceptions filed to the award of the commissioners in a highway condemnation case and the dismissal of a party to the action before the exceptions were dismissed.

The procedural background of the case is critical to the disposition of the issues posed. The proceedings in the condemnation case resulted in an award in favor of the...

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