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RICE v. STODDARD

No. 22624.

312 S.W.2d 374 (1958)

Porter S. RICE, Plaintiff-Appellant, v. Clifford STODDARD, Walter T. Levett, Floyd Porter, Trustee of Bee Branch Township, Elmer Clark, Member of Bee Branch Township Board of Directors, Henry Fisher, Member of Bee Branch Township Board of Directors, E. T. Guilford, Presiding Judge of the County Court of Chariton County, C. F. Elmore, Judge of the Eastern District of the County Court of Chariton County, H. G. Manson, Judge of the Western District of the County Court of Chariton County, Dela Mae Levett and Drainage District No. 20, Chariton County, Missouri, Defendants-Respondents.

Kansas City Court of Appeals, Missouri.

April 7, 1958.

Attorney(s) appearing for the Case

James J. Wheeler, Keytesville, for appellant.

Gilbert Lamb, Salisbury, for respondents, Clifford Stoddard, Walter T. Levett and Dela Mae Levett.

Geo. S. Thompson, Salisbury, for respondents, Bee Branch Township, Chariton County Court and Drainage District No. 20, Chariton County, Missouri.

MAUGHMER, Commissioner.

This is an action to recover damages for alleged unlawful forcing of water onto plaintiff's farm lands and for restraining orders terminating continued maintenance of a levee and a steel tubing which, plaintiff says, were the direct causes thereof. The case was tried to the Court with general findings for defendants. A judgment was entered dismissing plaintiff's petition, and plaintiff has appealed.

The lands involved in this controversy...

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