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STATE, ETC. v. MARCUM OIL CO., INC.

No. WD 32114.

624 S.W.2d 884 (1981)

STATE of Missouri, ex rel., STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. MARCUM OIL COMPANY, INC., Defendant-Appellant, and Carolyn G. Kent, Defendant.

Missouri Court of Appeals, Western District.

November 10, 1981.

Attorney(s) appearing for the Case

L. Glen Zahnd, Steven D. Mahrt, Savannah, for defendant-appellant.

Bruce A. Ring, Chief Counsel, Dennis J. Redel, Asst. Counsel, Jefferson City, for plaintiff-respondent.

Before TURNAGE, P. J., and PRITCHARD and CLARK, JJ.

TURNAGE, Presiding Judge.

The State Highway Commission requested a mandatory injunction against Marcum Oil Company and Carolyn Kent to require them to remove an outdoor advertising sign owned by Marcum and located on land owned by Kent. The court entered a mandatory injunction and Marcum has appealed.

Marcum contends the court was without authority to enter a mandatory injunction requiring removal of the sign because the Commission has an adequate remedy at...

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