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CANTRELL v. CITY OF CARUTHERSVILLE

No. 15307.

222 F.2d 428 (1955)

W. L. CANTRELL and Samuel Castleberry, Appellants, v. CITY OF CARUTHERSVILLE, a municipal corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 27, 1955.

Attorney(s) appearing for the Case

Von Mayes and Fred L. Henley, Caruthersville, Mo., filed brief for appellants.

James E. Reeves, City Counselor, and Everett Reeves, Caruthersville, Mo., filed brief for appellee.

Before SANBORN, JOHNSEN and VAN OOSTERHOUT, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment, 128 F.Supp. 637, dismissing the "amended petition" of the plaintiffs (appellants), upon the motions of the defendant, City of Caruthersville, for summary judgment and to dismiss. The prayer of the "amended petition" reads as follows:

"Wherefore, plaintiffs pray the Court to enjoin and restrain the defendant, its agents, servants and officers, from exercising control or possession...

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