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STATE v. SMITH

No. 51039.

393 S.W.2d 544 (1965)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION, Plaintiff-Respondent, v. Doyle S. SMITH et al., Exceptions of Arthur J. and Estella M. Haney, Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied September 13, 1965.

Attorney(s) appearing for the Case

Robert L. Hyder, Thomas E. Cheatham, Jefferson City, for plaintiff-respondent.

Claude T. Wood, Richland, Hubert E. Lay, Houston, for defendants-appellants.

Motion for Rehearing or to Transfer to Court En Banc Denied September 13, 1965.

BARRETT, Commissioner.

In relocating, reconstructing and improving, with limited access, 7.124 miles of U. S. Highway 63 through Texas County the state condemned a part of a tract of land on the outskirts of Houston belonging to Arthur J. and Estella M. Haney. By their proof the Haneys claimed damages of $18,000 (the lowest) to $35,000 (the highest estimate), the state by its proof...

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