LINTON v. MHTC

No. 71807.

980 S.W.2d 4 (1998)

Doris LINTON, Robert Hertlein, Carolyn Hertlein, Heather Case, Michelle Case, and Patrick Case, Plaintiffs-Respondents, v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied October 26, 1998.

Application for Transfer Denied December 22, 1998.


Attorney(s) appearing for the Case

Zachary T. Cartwright, Jefferson City, for defendant-appellant.

Gray & Ritter, P.C., John G. Simon, Timothy L. Hill, St. Louis, Gary Growe, Clayton, for plaintiffs-respondents.


Motion for Rehearing and/or Transfer to Supreme Court Denied October 26, 1998.

PUDLOWSKI, Judge.

This cause was transferred to the Supreme Court upon appellant's application to transfer. This matter was re-transferred to this court for reconsideration in light of State v. Dierker, 961 S.W.2d 58 (Mo. banc 1998). We re-issue our opinion and dissent and address the opinion herewith in light of Dierker.

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