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STATE EX REL. MO. HIGHWAY & TRANSP. v. RIFE

No. 36776.

698 S.W.2d 627 (1985)

STATE of Missouri ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant, v. George E. RIFE, et al., Exceptions of George E. Rife, et al., Respondents.

Missouri Court of Appeals, Western District.

October 8, 1985.

Attorney(s) appearing for the Case

Bruce A. Ring, Chief Counsel, Earl H. Schrader, Jr., Jeffrey S. Eastman, Asst. Counsel, Mo. Highway and Transp. Com'n, Kansas City, Mo., for appellant.

Don Witt, Robert H. Shaw, Witt, Boggs & Shaw, Platte City, Mo., for respondents.

Before MANFORD, P.J., PRITCHARD and LOWENSTEIN, JJ.

PER CURIAM:

This is an appeal by the Missouri Highway and Transportation Commission from an order dismissing and terminating the proceedings for failure to prosecute. The Commission asserts the trial court abused its discretion because at the time motions to dismiss were filed, the Commission was actively prosecuting the case and taking steps toward a resolution on the merits.

The underlying proceedings are in the nature of exceptions to a commissioner's award...

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