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IN RE TRI-COUNTY LEVEE DIST.

No. ED 77797.

42 S.W.3d 779 (2001)

In the Matter of TRI-COUNTY LEVEE DISTRICT. Tri-County Levee District, Respondent, v. Missouri Highway and Transportation Commission, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied March 12, 2001.

Application to Transfer Denied April 24, 2001.

Attorney(s) appearing for the Case

Philip E. Morgan, Jr., Chesterfield, MO, for appellant.

Gray C. Stribling, Jr., David R. Human, Clayton, MO, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 12, 2001.

ROBERT G. DOWD, Jr., Presiding Judge.

The Missouri Highway and Transportation Commission (MHTC), the Exceptor in the underlying action, appeals from the judgment entered in the Circuit Court of Montgomery County in favor of the Tri-County Levee District (Tri-County) on Tri-County's petition for readjustment of benefits for property owned by MHTC.

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