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STATE EX REL. HWY. & TR. COM'N v. CHRISTIE

No. WD 46507.

855 S.W.2d 380 (1993)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant, v. Mike A. CHRISTIE, et al., Exceptions of Dean-Co Farms, Inc., Respondent.

Missouri Court of Appeals, Western District.

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

Attorney(s) appearing for the Case

William D. Farrar, Asst. Counsel, Kansas City, Judy L. Curran, Dist. Counsel and Rich Tiemeyer, Chief Counsel, Jefferson City, for appellant.

Elvin S. Douglas, Jr., Crouch, Spangler & Douglas, Harrisonville, for respondent.

Before SHANGLER, P.J., and TURNAGE and KENNEDY, JJ.

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

TURNAGE, Judge.

The Missouri Highway and Transportation Commission filed a condemnation suit to take a strip of ground from Dean-Co Farms, Inc. for the widening of Route 58. The jury returned a verdict assessing Dean-Co's damages at $5,000.00 and Dean-Co filed a motion for a new trial. The court sustained the motion for new trial and MHTC appealed. MHTC contends the trial court was...

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