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TERMINAL R. R. ASS'N v. CITY OF BRENTWOOD

No. 41604.

230 S.W.2d 768 (1950)

TERMINAL R. R. ASS'N OF ST. LOUIS et al. v. CITY OF BRENTWOOD.

Supreme Court of Missouri, Division No. 1.

June 13, 1950.

Attorney(s) appearing for the Case

Malcolm L. Bartley, St. Louis, for appellant.

Warner Fuller, William A. Thie, Arnot L. Sheppard, all of St. Louis, for respondents.

HYDE, Judge.

Declaratory judgment action to determine whether, under the provisions of Sections 7530-7535, R.S.1939, Mo.R.S.A., a railroad may be compelled to construct the portions of a sanitary sewer system, organized under authority of Sections 7181, 7182, R.S.1939, Mo.R.S.A., proposed across its right of way. The trial court declared that it could not be compelled to do so and the City has appealed from this decree. We have jurisdiction because the cost to the...

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