MISSOURI PUBLIC SERV. CO. v. H & W INV. CO., INC.

No. WD 31115.

602 S.W.2d 41 (1980)

MISSOURI PUBLIC SERVICE COMPANY, Appellant, v. H & W INVESTMENT CO., INC., et al., Respondents.

Missouri Court of Appeals, Western District.

July 8, 1980.


Attorney(s) appearing for the Case

Edgar S. Carroll, Warrensburg, Judith P. Rea, Kansas City, for appellant.

Rice & Romines, James B. Rice, Jr., Sedalia, for respondents.

Before KENNEDY, P. J., and PRITCHARD and SWOFFORD, JJ.


PRITCHARD, Judge.

In this condemnation proceedings, the trial court dismissed appellant's petition, after hearing some evidence, upon the ground that it had failed to prove a need for the lands sought to be condemned. The sole issue presented is the propriety of the trial court's action.

By paragraph 7 of its petition, appellant pleaded "that it intends and needs to construct, operate and maintain electrical transmission and distribution lines extending from...

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