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HIMMEL v. LEIMKUEHLER

No. 30354.

329 S.W.2d 264 (1959)

Ivan HIMMEL, Kenneth Finn, Marvin Finn and John L. Corley, Inc., a corporation (Plaintiffs-Respondents), v. F. R. LEIMKUEHLER, Clarence H. Ax, M. A. Beffa, John F. Boland, Frank E. Lawrence, comprising Board of Adjustment of the City of St. Louis, Missouri, Albert H. Baum, in capacity as Building Commissioner of St. Louis, Missouri, Bernice P. Laba and June E. Laba (Defendants-Appellants).

St. Louis Court of Appeals, Missouri.

Rehearing Denied December 15, 1959.

Attorney(s) appearing for the Case

Goldstein, Tucker, Chasnoff & Elmer Price, St. Louis, for appellants Bernice P. Laba and June Laba.

James J. Gallagher, Asst. City Counselor, Thomas F. McGuire, Associate City Counselor, St. Louis, for all other appellants.

William Kohn, Louis M. Kohn, St. Louis, for respondents.

BRADY, Commissioner.

This case involves Ordinance No. 45309 as amended by Ordinance No. 47495 of the City of St. Louis, which constitute a part of the Comprehensive Zoning Ordinances of that city. These ordinances will be referred to as "zoning ordinances" herein.

Bernice P. Laba and June E. Laba, owners of the property at 3828-30-32 Washington Avenue, City of St. Louis, made application to the Building Commissioner of that city for a certificate of occupancy...

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