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STATE EX REL. STATE HIGHWAY COM'N v. MERKEL

No. 47159.

684 S.W.2d 440 (1984)

STATE ex rel. STATE HIGHWAY COMMISSION, Plaintiff-Appellant, v. Edward F. MERKEL, et al., Exceptions of Inland Container Corporation, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied January 9, 1985.

Application to Transfer Denied February 26, 1985.

Attorney(s) appearing for the Case

Donald L. Spry, St. Louis, for plaintiff-appellant.

Joe Bill Carter, Clayton, for defendant-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 9, 1985.

SMITH, Presiding Judge.

The Missouri Highway and Transportation Commission appeals from a $53,000 jury verdict and resultant judgment in a condemnation action. On appeal it complains (1) of the trial court's failure to strike defendant's expert testimony on damages because it was based in part on loss of access and (2) to the trial court's action in allowing the defendant to reopen...

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