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

No. WD 35034.

685 S.W.2d 888 (1984)

STATE of Missouri ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Successor to State Highway Commission of Missouri, Appellant, v. Jay B. DILLINGHAM, et al. Exceptions of George A. Colom, et al., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied January 29, 1985.

Application to Transfer Denied April 2, 1985.

Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, Earl H. Schrader, Jr., Kansas City, Leland F. Dempsey, Asst. Gen. Counsel, Missouri Highway & Transp. Com'n, for appellant.

Witt, Boggs & Shaw, Don Witt, Platte City, for respondent.

Before DIXON, P.J., and SHANGLER and SOMERVILLE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied January 29, 1985.

SHANGLER, Judge.

The appeal consolidates two separate exceptions dismissed by the trial court for failure of the condemnor to prosecute with diligence. They involve two tracts among the numerous acquired by the Missouri Highway and Transportation Commission as rights-of-way to extend Interstate 435 through Platte County...

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