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CARROLL ELEC. CO-OP. CORP. v. LAMBERT

Nos. SD 31416, SD 31589.

403 S.W.3d 637 (2012)

CARROLL ELECTRIC COOPERATIVE CORPORATION, Plaintiff-Appellant, v. Mary E. LAMBERT, and Ralph F. Lambert, and First National Bank of Berryville, and Ellis, Cupps & Cole, Trustee, and William Darch, and Frances Bon Tempo, and TAP Corporation, and Security Abstract & Title Co., Trustee for First National Bank of Berryville, and Barry County Collector, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

September 28, 2012.

Attorney(s) appearing for the Case

Richard L. Schnake , Springfield, MO, for Appellant.

Donald L. Cupps , Cassville, MO, for Respondents Mary and Ralph Lambert, William Darch, Frances Bon Tempo, First National Bank of Berryville, and Ellis, Cupps & Cole.

Robert Denlow , St. Louis, MO, for Respondent TAP Corp., Inc.

Security Abstract & Title Co. and Barry County Collector acting pro se.

JEFFREY W. BATES, J.

This is a condemnation case. Carroll Electric Cooperative Corporation (Carroll Electric) filed a petition to condemn a right-of-way for an electric transmission and distribution line across properties owned by two couples: Ralph and Mary Lambert; and William Darch and his wife, Frances Bon Tempo (collectively, Landowners).1 After Carroll Electric presented evidence at a hearing, Landowners moved to dismiss the action...

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