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STATE EX REL. RANTZ v. SWEENEY

No. 20069.

901 S.W.2d 289 (1995)

STATE of Missouri ex rel., Betty RANTZ, Dean Sims, Vinita Sims, Ricky G. Kile, Tracy Kile, Lester Vining and Lois Vining, Relators, v. Honorable J. Edward SWEENEY, Circuit Judge, 39th Judicial Circuit, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

June 15, 1995.

Attorney(s) appearing for the Case

Jerry L. Redfern, Richard L. Schnake, Brian K. Asberry, Neale, Newman, Bradshaw & Freeman, Springfield, for relators.

Peter M. Donovan, Springfield, John H. Gladden, Rich Tiemeyer, Jefferson City, MO Highway & Transp. Com'n, for respondent.

PARRISH, Judge.

Relators seek to prohibit the respondent circuit judge from quashing a notice to take depositions in a condemnation action brought by Missouri Highway & Transportation Commission (MHTC).1 Relators own real estate that is part of the land MHTC seeks to condemn.

Relators filed a motion to dismiss the condemnation action. The motion to dismiss challenges, among other things, MHTC's authority to condemn parts of...

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