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BIG PINEY AGGREGATES, INC. v. MO. HIGHWAY & TRANSP. COM'N

No. 43225.

620 S.W.2d 66 (1981)

BIG PINEY AGGREGATES, INC., Respondent, v. MISSOURI HIGHWAY & TRANSPORTATION COMMISSION, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

August 4, 1981.

Attorney(s) appearing for the Case

William T. Powers, Bruce A. Ring, Springfield, for appellant.

J. B. Carter, John H. Lamming, Clayton, for respondent.

CLEMENS, Senior Judge.

The issue here is the circuit court's role in reviewing an administrative hearing. Here, the court treated the case as one on appeal—rather than one for administrative review—and remanded the case to the Highway Commission for rehearing. This was reversible error.

Plaintiff Big Piney Aggregates, Inc., had applied to defendant Highway Commission for relocation damages. The Commission...

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