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TRACY v. KLAUSMEYER

No. 29764.

305 S.W.2d 84 (1957)

William TRACY; Christopher Biller; Gerald Hoskins and Florence Hoskins, Husband and Wife; Gerald S. Fitzgerald and Dorothy Fitzgerald, Husband and Wife; and Forrest E. Jones and Lois J. Jones, Husband and Wife (Plaintiffs), Respondents, v. Melvin R. KLAUSMEYER and Thelma M. Klausmeyer, Husband and Wife; and Holiday Recreational Club, Incorporated, a Corporation (Defendants), Appellants.

St. Louis Court of Appeals. Missouri.

September 3, 1957.

Attorney(s) appearing for the Case

Forrest M. Hemker and Greensfelder, Hemker & Wiese, St. Louis, and Theodore C. Bruere, St. Charles, for appellants.

Joseph B. Wentker, St. Charles, and Fordyce, Mayne, Hartman, Renard & Stribling and Joseph R. Long, St. Louis, for respondents.

MATTHES, Judge.

Plaintiffs, respondents, as the owners of certain lots in a subdivision in St. Charles County, Missouri, seek to enjoin the defendants from using Lot 1 in said subdivision for commercial, mercantile, or business purposes. From the decree which granted plaintiffs the relief sought, the defendants have brought the case to this court for review.

There is no dispute concerning the relevant facts. In April, 1941, Charles G. Gross and his wife subdivided...

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