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COTTLEVILLE v. AMERICAN TOPSOIL, INC.

No. 74527.

998 S.W.2d 114 (1999)

CITY OF COTTLEVILLE, Plaintiff/Respondent, v. AMERICAN TOPSOIL, INC., Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied July 29, 1999.

Application for Transfer Denied September 21, 1999.

Attorney(s) appearing for the Case

Charles W. Niedner, Niedner, Bodeux, Carmichael, Huff and Lenox, St. Charles, for respondent.

V. Scott Williams, Thompson Coburn, St. Charles, for appellant.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 29, 1999.

KATHIANNE KNAUP CRANE, Judge.

Defendant landowner appeals from the trial court's denial of its motion for payment of interest on a damage award in an abandoned condemnation proceeding under Section 523.045 RSMo (1994). We affirm for the reason that the trial court did not abuse its discretion in denying the request for interest.

Plaintiff, City of Cottleville, Missouri (the...

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