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STATE EX REL. STATE HWY. COM'N v. AUXILLIUM FOUND.

No. 34180.

477 S.W.2d 717 (1972)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Appellant, v. AUXILLIUM FOUNDATION et al., (Marvin E. Nieberg, Exception), Defendant-Respondent.

Missouri Court of Appeals, St. Louis District.

February 23, 1972.

Attorney(s) appearing for the Case

Robert L. Hyder, Chief Counsel, Jefferson City, Gregory F. Hoffmann, Thomas H. Pearson, Asst. Counsels, Kirkwood, for plaintiff-appellant.

Carter & Newmark, J. B. Carter, Philip R. Newmark, Clayton, for defendant-respondent.

DOERNER, Commissioner.

This was an action by the Highway Commission to secure easements and property rights necessary for the right-of-way for State Highway Route A-340 in St. Louis County. The landowner here involved, Marvin E. Nieberg, excepted from the commissioner's award, and the Highway Commission appealed from the ensuing verdict and judgment of $40,000 rendered in favor of the landowner.

The Highway Commission's notice of appeal to the St. Louis Court...

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