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STATE EX REL. MO. STATE HIGHWAY v. KROEGER

No. 44147.

682 S.W.2d 480 (1984)

STATE of Missouri ex rel. MISSOURI STATE HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff-Respondent, v. George KROEGER et al., on the Exceptions of Mary Kovacevich and Joseph Kovacevich, Defendants-Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and Transfer Denied November 20, 1984.

Application to Transfer Denied January 15, 1985.

Attorney(s) appearing for the Case

Morton K. Lange, Cuba, for defendants-appellants.

Bruce A. Ring, Jefferson City, for plaintiff-respondent.

KAROHL, Judge.

This opinion has been written on reassignment.

Condemnee-property owners appeal judgment following jury verdict awarding $22,000 for a partial taking of real estate for highway construction along Interstate Route 44 in Franklin County. Appellants withdrew the Commission's award of $50,000 and were ordered by the judgment to repay $28,000 to respondent plus interest from the date of withdrawal.

It is not disputed that the petition described...

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