ROTH v. STATE HIGHWAY COM'N OF MISSOURI

No. 47442.

688 S.W.2d 775 (1984)

Donald E. ROTH, et al., Plaintiffs-Respondents, v. STATE HIGHWAY COMMISSION OF MISSOURI, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion For Rehearing and Transfer Denied November 20, 1984.

Transferred January 15, 1985.

Retransferred May 14, 1985.

Original Opinion Reinstated May 21, 1985.


Attorney(s) appearing for the Case

John Wheelan Maupin, Kirkwood, for defendant-appellant.

Samuel C. Ebling, St. Louis, for plaintiffs-respondents.


Transferred to Supreme Court January 15, 1985.

Retransferred to Court of Appeals May 14, 1985.

STEPHAN, Judge.

Defendant State Highway Commission of Missouri appeals from the trial court's granting of a motion for new trial on the ground that the verdict for defendant was against the weight of the evidence. Plaintiff's action against defendant is in the nature of a claim for inverse condemnation, in which...

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