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SZOMBATHY v. CITY OF BERKELEY

No. 44515.

280 S.W.2d 834 (1955)

Louis R. SZOMBATHY and Alfred R. Szombathy, Plaintiffs-Respondents, v. CITY OF BERKELEY, a Municipal Corporation; Bill Bangert, Mayor of the City of Berkeley; James Webber, Chief of Police of the City of Berkeley, Defendants-Appellants.

Supreme Court of Missouri. Division No. 2.

July 11, 1955.

Attorney(s) appearing for the Case

Wm. J. Becker, Clayton, for defendants-appellants.

Wilbur B. Jones, H. Jackson Daniel, Salkey & Jones, St. Louis, for respondents.

BARRETT, Commissioner.

This action involves a strip of ground 25 feet in width and 106.7 feet in length between Airport Road and Genevieve Avenue in Berkeley. The city claims that the strip of land is a part of a north and south street connecting Airport Road and Genevieve Avenue while the plaintiffs claim that it is a part of their adjoining property and was never a street. The questions involved upon the appeal had their origin in the fact that the plaintiffs, Louis...

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