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STATE EX REL. MO. HWY. & TRANSP. v. PRACHT

No. 47290.

665 S.W.2d 697 (1984)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant, v. Max PRACHT, et al., Respondents.

Missouri Court of Appeals, Eastern District, Division One.

February 14, 1984.

Attorney(s) appearing for the Case

Joy Ann Ryan, Kirkwood, for appellant.

Steven P. Kuenzel, Washington, for respondents, Eckelkamp, Eckelkamp, Wood & Kuenzel, of counsel.

STEWART, Judge.

This is an action brought by the Missouri Highway and Transportation Commission (plaintiff) to condemn certain lands in which defendants have an interest. After the court dismissed the original petition in condemnation plaintiff filed an amended petition which the court dismissed after hearing. Upon this appeal by plaintiff we reverse and remand with directions.

Plaintiff brought this action for the purpose of condemning property in Franklin...

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