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BARNHART v. BRINEGAR

No. 73CV57-W-2.

362 F.Supp. 464 (1973)

John W. BARNHART et al., Plaintiffs, v. Claude BRINEGAR, Secretary, Department of Transportation, et al., Defendants.

United States District Court, W. D. Missouri, W. D.

August 6, 1973.

Attorney(s) appearing for the Case

Howard E. Bodney, of Gage, Tucker, Hodges, Kreamer, Kelly & Varner, Kansas City, Mo., Byron Constance, of Reese, Constance, Slayton, Stewart & Stewart, Independence, Mo., Tom J. Helms, Kansas City, Mo., for plaintiffs.

Earl H. Schrader, Jr., Missouri State Highway Commission, Vernon A. Poschel, Asst. U. S. Atty., Kansas City, Mo., for defendants.

MEMORANDUM OPINION AND ORDER DISMISSING COMPLAINT

COLLINSON, District Judge.

This is an action by four real property owners in Jackson County, Missouri, seeking various forms of relief, including declaratory judgment, specific performance, and injunction, against the Secretary of Transportation (Secretary) and the Missouri State Highway Commission (Commission.)1 The Commission is attempting to acquire five tracts of plaintiffs...

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