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  5. 785 S.W.2d 70 (1990)
 

MO. HIGHWAY & TRANSP. COM'N v. MYERS

No. 71286.

785 S.W.2d 70 (1990)

MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant, v. Ardeis H. MYERS, Jr., Personal Representative, Estate of Flora E. Myers, Respondent.

Supreme Court of Missouri, En Banc.

Dissenting Opinion March 13, 1990.

Rehearing Denied March 13, 1990.

Attorney(s) appearing for the Case

Thomas Rynard, Missouri Highway & Transp. Com'n, Jefferson City, for appellant.

Robert Raymond, Claudia J. York, Kathleen A. Forsyth, Kansas City, for respondent.

Dissenting Opinion of Judge Higgins March 13, 1990.

RENDLEN, Justice.

This direct appeal is from the dismissal of the Missouri Highway and Transportation Commission's (Commission) petition to force a sale of real property inventoried in the estate of Flora Myers. The Commission had filed its petition as an alleged creditor of the estate, and among its contentions challenges the constitutionality of Missouri's probate nonclaim statute, § 473.360, RSMo...

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