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BAUER v. CITY OF BERKELEY

No. 44307.

278 S.W.2d 772 (1955)

Lawrence J. BAUER and Robert J. Carpenter, Appellants, v. CITY OF BERKELEY et al., Respondents.

Supreme Court of Missouri. Division No. 1.

May 9, 1955.

Attorney(s) appearing for the Case

Meyer, Hoester & Coleman, Robert G. J. Hoester, Clayton, for appellants.

Elmer J. Meyer, Clayton, Theodore C. Bruere, St. Charles, for respondents, Missouri Petroleum Products Co. and St. Charles Quarry Co.

William J. Becker, Clayton, for respondents, City of Berkeley, Wilfred Bangert, Mayor of the City of Berkeley, Roy H. Heitman, Treasurer, The Board of Aldermen of the City of Berkeley, Louis Broyles, Henry Tungate, Glennon Ryan, Glennon Harris, Norman Champ and Fackney Smith, as Members of the Board of Aldermen of the City of Berkeley, and Wilfred Bangert, individually.

C. Willard Max and Richard W. Jacobsmeyer, Clayton, for respondent Asphalt Mix, Inc.

COIL, Commissioner.

Appellants, plaintiffs below, have appealed from a final judgment dissolving a temporary, and denying a permanent, injunction, and discharging respondents on a citation for contempt. The parties will be referred to as they were designated in the trial court.

Plaintiffs, two taxpayers of the City of Berkeley, averred that they brought a class action representing all others "similarly situated," i. e., as we understand, all other taxpayers...

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