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CITY OF ST. JOSEPH v. HANKINSON

No. 45803.

312 S.W.2d 4 (1958)

CITY OF ST. JOSEPH, a municipal corporation, Plaintiff-Respondent, v. William A. HANKINSON et al., Defendants, Ned Carnes et al., Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied April 14, 1958.

Attorney(s) appearing for the Case

Ronald S. Reed, St. Joseph, Lewis F. Randolph, Lewis F. Randolph, Jr., Randolph & Randolph, St. Joseph, for appellants Ned Carnes et al.

Culver, Phillip, Kaufmann & Smith, W. H. Utz, Jr., Francis Smith, St. Joseph, Francis Pickle, J. B. Steiner, St. Joseph, for respondent.

Joseph M. Garvey, St. Joseph, for intervenor, James M. Queen.

Motion for Rehearing or to Transfer to Court en Banc Denied April 14, 1958.

EAGER, Judge.

This is an action filed by the City of St. Joseph pursuant to § 71.015 RSMo, V.A. M.S. (1957 Cum.Supp., Laws 1953, p. 309); therein it seeks a declaratory judgment authorizing it to proceed as otherwise authorized by law in the annexation of described territory. The action is a class suit, and approximately 75 individuals, residents of the area proposed for annexation...

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