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STATE v. WELLS

Nos. 43627, 43628.

270 S.W.2d 857 (1954)

STATE ex rel. SCHOOL DIST. OF ST. JOSEPH v. WELLS et al. STATE ex rel. and to Use of BUCHANAN COUNTY v. WELLS et al.

Supreme Court of Missouri. Division No. 2.

Motion for Rehearing or to Modify Opinion Denied September 13, 1954.

Attorney(s) appearing for the Case

Alva F. Lindsay, St. Joseph, for appellant State ex rel. School Dist. of St. Joseph.

John E. Downs, Pros. Atty., Gordon C. Shaffer, Jr., Asst. Pros. Atty., Frank Connett, Jr., St. Joseph, for appellant State ex rel. and to use of Buchanan County.

Brown, Douglas & Brown, R. L. Douglas, St. Joseph, for respondents.

Motion for Rehearing or to Modify Opinion Denied September 13, 1954, in No. 43,627.

LEEDY, Judge.

These companion cases were consolidated for argument, and will be disposed of in a single opinion. Both grow out of the same facts, their procedural steps were exactly alike, and the ultimate question in each case is the same, i. e., whether the actions are barred by limitations. They were brought in the name of the State of Missouri, one at the relation of Buchanan...

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