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  5. 793 S.W.2d 567 (1990)
 

STATE EX REL. BEHLE v. STUSSIE

No. 57713.

793 S.W.2d 567 (1990)

STATE of Missouri, ex rel. Paul L. BEHLE, et al., Exceptions of Donald E. Roth, Relator, v. Honorable Harry STUSSIE, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied August 7, 1990.

Application to Transfer Denied September 11, 1990.

Attorney(s) appearing for the Case

Samuel C. Ebling, Kenneth E. Dick, David A. McMahon, St. Louis, for relator.

Lynn A. Whaley, St. Louis, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 7, 1990.

SATZ, Presiding Judge.

In this case, we have issued our preliminary writ in mandamus. Petitioner Mr. Donald E. Roth (Mr. Roth), defendant in the underlying action, is a landowner whose property is being condemned by the Missouri Highway & Transportation Commission (Highway Commission), plaintiff in the underlying action. Mr. Roth rejected the Highway Commission's offer of $70...

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