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MILLER v. MISSOURI DEPT. OF TRANSP.

No. WD 58055.

32 S.W.3d 170 (2000)

Melvin and Judy MILLER, Appellants, v. MISSOURI DEPARTMENT OF TRANSPORTATION, Missouri Highway and Transportation Commission, Charles and Mardella Mears, Respondents.

Missouri Court of Appeals, Western District.

November 21, 2000.

Attorney(s) appearing for the Case

Mark G. Stingley, Kansas City, for appellants.

James M. Slone, Lee's Summit, Stephen J. Briggs, St. Joseph, for respondents.

Before EDWIN H. SMITH, Presiding Judge, ULRICH and ELLIS, Judges.

ELLIS, Judge.

Appellants Melvin Miller and Judy Miller appeal the trial court's grant of summary judgment in favor of Respondents the Missouri Department of Transportation ("MODOT"), Missouri Highway and Transportation Commission ("MHTC"), Charles Mears, and Mardelle Mears. On review of summary judgment granted in favor of the defendant, this Court views the record in the light most favorable to the plaintiff and accords...

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