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EMPSON v. MISSOURI HIGHWAY & TRANSP. COM'N

No. WD 32844.

649 S.W.2d 517 (1983)

Bobby L. EMPSON, et al., Respondents, v. MISSOURI HIGHWAY & TRANSPORTATION COMMISSION, Appellant.

Missouri Court of Appeals, Western District.

March 29, 1983.

Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, Jefferson City, Earl H. Schrader, Jr. and James B. Jackson, Asst. Counsel, Missouri Highway & Transp. Com'n, Kansas City, for appellant.

William F. Burns of Burns, Humphrey & Farrington, P.C., Independence, for respondents.

Before PRITCHARD, P.J., and MANFORD and NUGENT, JJ.

MANFORD, Judge.

This multi-count action sought damages upon a claim for (1) the unlawful taking of property; (2) two counts of nuisance; and (3) breach of contract. By its verdict-directing instruction, the trial court submitted the case upon the theories of unlawful taking and nuisance. The jury returned its verdict against appellant Missouri Highway and Transportation Commission. The judgment is reversed.

On this appeal, the Missouri Highway and Transportation...

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