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McDONALD SPECIAL ROAD DIST. v. PICKETT

No. 13423.

694 S.W.2d 273 (1985)

McDONALD SPECIAL ROAD DISTRICT, Dale Craig and Ann Hannekan, Commissioners of the McDonald Special Road District, Plaintiffs-Appellants, v. Lynn A. PICKETT, Elva L. Pickett, and the Missouri State Highway and Transportation Commission, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

July 9, 1985.

Attorney(s) appearing for the Case

Joe R. Ellis, Donald L. Cupps, Ellis & Ellis, Cassville, for plaintiffs-appellants.

Michael D. Garrett, Carr L. Woods, Garrett & Woods, Monett, for defendants-respondents Lynn A. Pickett and Elva L. Pickett.

FLANIGAN, Judge.

Plaintiff McDonald Special Road District, ("the district"),1 brought this action against defendants Lynn A. Pickett, ("Pickett"), his wife Elva L. Pickett, and the Missouri Highway and Transportation Commission, ("the commission"). The petition was in two counts. Count I, directed against the Picketts, alleged that the Picketts owned land in Barry County, across which "is a public road easement" which had been used by...

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