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DRAINAGE DISTRICT NO. 48 OF DUNKLIN COUNTY v. SMALL

No. 46867.

318 S.W.2d 497 (1958)

DRAINAGE DISTRICT NO. 48 OF DUNKLIN COUNTY, Missouri, Drainage District No. 25 of Dunklin County, Missouri, and St. Francis Drainage District of Clay and Greene Counties, Arkansas, Appellants, v. Truman (Pete) SMALL, Pauline Small, Ross Small and Ora Lee Small, Respondents.

Supreme Court of Missouri, En Banc.

December 8, 1958.

Attorney(s) appearing for the Case

Kirsch, Cathey & Brown, Paragould, Ark., for St. Francis Drainage Dist. in Clay and Greene Counties, Arkansas.

Ford & Ford, Jones & Jones, Kennett, for Drainage Dists. Nos. 25 and 48 of Dunklin County, Missouri.

Web A. Welker, Portageville, Merrill Spitler, New Madrid, for respondents (defendants).

HYDE, Judge.

Action to abate a nuisance, claimed to have been created by a private levee built by defendants, and for injunctive relief against its maintenance. The trial court found for defendants except as to a part of the levee which defendants agreed they had no right to maintain. On appeal, the judgment was affirmed by the Springfield Court of Appeals. Drainage District No. 48 of Dunklin County v. Small, Mo.App., 311 S.W.2d 29

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