CITY OF SPICKARDSVILLE v. TERRY

No. 22111.

274 S.W.2d 21 (1954)

CITY OF SPICKARDSVILLE, Missouri, a municipal corporation, Plaintiff and Appellant, v. D. K. TERRY, Eula Terry, and D. T. Thatch, Defendants and Respondents, E. W. Ewing, Mettie Ewing, F. A. Wilson, Edith Wilson, Estella Vaughn, D. G. Dennis, Teressa Dennis, T. H. Keith, Mary Keith, C. E. Clemens, Mettie Clemens, N. J. Young, Myra Young, Ralph Wooderson, and Pearl Wooderson, Intervenors and Appellants.

Kansas City Court of Appeals. Missouri.

December 6, 1954.


Attorney(s) appearing for the Case

Herbert S. Brown, Trenton, for plaintiff-appellant and intervenors-appellants.

J. P. Morgan, Chillicothe, for defendants and respondents.


CAVE, Presiding Judge.

This is a suit seeking to enjoin the defendants from erecting and maintaining two steel tanks above ground with a total storage capacity of 9,000 gallons of gasoline. Upon the filing of the petition, a temporary restraining order was issued, and when the case was tried on the merits, that order was dissolved and judgment entered for the defendants. Plaintiff and intervenors appealed.

The City of Spickardsville, a city of the fourth class...

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