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STATE EX REL. HWY. COM'N v. WILSON

No. WD 46619.

864 S.W.2d 341 (1993)

STATE of Missouri, ex rel., MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff-Appellant, v. Francis M. WILSON II, et al., Exceptions of Myers Oil Company, Defendant, Farley State Bank, Defendant-Respondent.

Missouri Court of Appeals, Western District.

As Modified June 29, 1993.

Motion for Rehearing and/or Transfer Denied June 29, 1993.

Application for Transfer Sustained August 17, 1993.

Case Retransferred November 23, 1993.

Opinion Readopted December 2, 1993.

Attorney(s) appearing for the Case

James M. Slone, Kansas City, Rich Tiemeyer, Jefferson City, for plaintiff-appellant.

Abe Shafer, Weston, Bruce E. Strauss, Merrick, Baker, Fox, Hufft & Strauss, Kansas City, for defendant-respondent.

Before LOWENSTEIN, C.J., and TURNAGE and BRECKENRIDGE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 29, 1993.

Court of Appeals Opinion Readopted December 2, 1993.

TURNAGE, Judge.

The Missouri Highway and Transportation Commission filed a suit in condemnation to acquire land owned by Myers Oil Company upon which Farley State Bank held a deed of trust to secure a note payable to the Bank. On trial of the exceptions filed by both Myers Oil and the Commission, the court found the value...

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