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TAMKO ASPHALT PRODUCTS, INC. v. FENIX

No. 7697.

321 S.W.2d 527 (1958)

TAMKO ASPHALT PRODUCTS, INC., Plaintiff-Appellant, v. G. J. FENIX, Defendant-Respondent.

Springfield Court of Appeals, Missouri.

Motions for Rehearing or to Transfer Overruled March 10, 1959.

Attorney(s) appearing for the Case

Roberts & Fleischaker, Joplin, for plaintiff-appellant.

Paul E. Bradley, Joplin, for defendant-respondent.

STONE, Presiding Judge.

This is a suit by plaintiff, Tamko Asphalt Products, Inc. (hereinafter called Tamko), to enjoin defendant, G. J. Fenix, from interfering with Tamko's exercise of its alleged right to enter upon land presently owned by Fenix and to remove therefrom the remainder of a chat pile. Whether Tamko has such right depends upon construction of a written contract (hereinafter referred to as the contract) executed under date of August 15, 1945, on behalf...

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