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STATE v. GILLESPIE

No. WD 60612.

86 S.W.3d 459 (2002)

STATE of Missouri ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Respondent, v. James Robert GILLESPIE, et al., Defendants, Ryan Ruckman, Appellant, Commerce Bank, N.A., and Agribank, FCB, Respondents.

Missouri Court of Appeals, Western District.

October 8, 2002.

Attorney(s) appearing for the Case

William D. Farrar, Senior Assistant Counsel, Lee's Summit, MO, for Respondent MHTC.

Joseph R. Borich III, Leawood, KS, for Appellant.

Nicholas K. Robb, Stephen J. Briggs and James H. Counts, St. Joseph, MO, for Respondent, Commerce Bank.

Day Miller, Maysville, MO, for Respondent, Agribank, FCB.

Before ULRICH, P.J., and SPINDEN and EDWIN H. SMITH, JJ.

EDWIN H. SMITH, Judge.

Ryan Ruckman1 appeals from the judgment of the Circuit Court of Gentry County distributing, pursuant to § 523.053,2 the commissioners' award of $115,700 in a condemnation proceeding filed by the Missouri Highway and Transportation Commission (MHTC), condemning, inter alia, a portion of real property owned by the appellant, which was subject to a deed of trust executed by the...

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