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STATE EX REL. STATE HWY. COM'N v. SPELL

No. 45589.

665 S.W.2d 650 (1984)

STATE of Missouri, ex rel. STATE HIGHWAY COMMISSION, Plaintiff-Appellant, v. Ray W. SPELL, et al., Exceptions of Ray W. Spell, et al., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied February 17, 1984.

Attorney(s) appearing for the Case

John W. Maupin, Kirkwood, for plaintiff-appellant.

Glennon R. Vatterott, St. Ann, for defendants-respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 17, 1984.

SIMON, Presiding Judge.

The Missouri Highway and Transportation Commission (formerly the State Highway Commission of Missouri and hereinafter "Commission") appeals from a partial dismissal of a condemnation petition pursuant to a motion to amend the condemnation order and the report filed by the court appointed commissioners.

On appeal, Commission contends the trial court...

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