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STATE EX REL. STATE HIGHWAY COMMISSION v. VOLK

No. 41781.

611 S.W.2d 255 (1980)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff, v. R. David VOLK et al., Defendants, A. Floyd Chapman, Jr., Defendant-Respondent, Eller Outdoor Advertising Company, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied January 16, 1981.

Application to Transfer Denied March 9, 1981.

Attorney(s) appearing for the Case

Robert C. Jones, Clayton, for defendant-appellant.

John L. Dooling, Jr., St. Louis, for defendant-respondent.

Motion for Rehearing and/or Transfer to Supreme court Denied January 16, 1981.

WEIER, Judge.

The State of Missouri on behalf of the State Highway Commission filed a condemnation petition to exercise its right of eminent domain on certain land east of Boyle Avenue adjoining U.S. Route 40 in the City of St. Louis. Among the parcels of land to be condemned was a part of a lot located on Clayton Avenue near Sarah Avenue owned by respondent A. Floyd Chapman, Jr...

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