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MO. HWY. AND TRANSP. v. McDONALD'S CORP.

No. 69438.

934 S.W.2d 10 (1996)

STATE of Missouri, ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Plaintiff/Appellant, v. McDONALD'S CORPORATION, et al., Exceptions of Clarkson Clayton Center Associates, et al., Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer Denied November 18, 1996.

Attorney(s) appearing for the Case

Paul R. Sterrett, Sr. Asst. Counsel, Philip E. Morgan, Jr., Dist. Counsel, Rich Tiemeyer, Chief Counsel, Mo. Highway & Transp. Comm., Chesterfield, for plaintiff/appellant.

Robert Denlow & Paul G. Henry, Clayton, for defendants/respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 18, 1996.

CRANDALL, Judge.

Plaintiff, Missouri Highway and Transportation Commission (Commission), appeals from the judgment of the trial court, after a jury verdict, awarding defendant landowners (landowners), Clarkson Clayton Center Associates, a total of $368,000 in condemnation damages, later reduced to $363,852 on remittitur. This is the second appeal. See State ex. rel. Missouri...

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