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  5. 753 S.W.2d 80 (1988)
 

MO. HIGHWAY & TRANS. COMM. v. HAASE

No. 53542.

753 S.W.2d 80 (1988)

MISSOURI HIGHWAY & TRANS. COMM. Appellant, v. HAASE, Elmer H., & Lorraine Respondents.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer Denied June 22, 1988.

Application to Transfer Denied July 26, 1988.

Attorney(s) appearing for the Case

Rich Tiemeyer, Chief Counsel, Tracy Hunsaker Gilroy, Asst. Counsel, Kirkwood, for appellant.

John Robert O'Connor, Washington, for respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 22, 1988.

CARL R. GAERTNER, Judge.

In this action the Missouri Highway and Transportation Commission seeks to enjoin Elmer and Lorraine Haase from maintaining a retaining wall which the Commission contends encroaches upon its highway easement. The Haases deny the encroachment and seek an order of court quieting title to the property.1 The trial court ruled in favor...

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