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MERTZ v. SCHAEFFER

No. 28915.

271 S.W.2d 238 (1954)

Fred MERTZ et al. (Plaintiffs), Respondents, v. Elmer SCHAEFFER et al. (Defendants), Appellants.

St. Louis Court of Appeals. Missouri.

Rehearing Denied October 15, 1954.

Attorney(s) appearing for the Case

Jerome F. Duggan, Edw. C. Koeneman, Sidney W. Horwitz and Dubinsky & Duggan, St. Louis, for appellants.

George Eigel, L. A. Robertson and John A. Eigel, St. Louis, for respondents.

WOLFE, Commissioner.

This is a suit to enjoin the defendants from interfering with the plaintiffs' use and control of the property of the Trinity Lutheran Church. The trial resulted in a decree for the plaintiffs which directed the defendants to turn over to the plaintiffs all the church property. From the decree the defendants prosecute this appeal.

All parties to this suit are members of the Trinity Lutheran Church. The church is about fifty years old and...

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