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CITY OF OLIVETTE v. GRAELER

No. 30179.

329 S.W.2d 275 (1959)

CITY OF OLIVETTE, a municipal corporation, Plaintiff-Appellant, v. Walter GRAELER et al., Defendants-Respondents, Industrial Properties, Inc., a corporation, Intervenor, Respondent.

St. Louis Court of Appeals, Missouri.

November 17, 1959.

Attorney(s) appearing for the Case

Husch, Eppenberger, Donohue, Elson & Jones, Carroll J. Donohue, Shulamith Simon, St. Louis, for appellant.

Claude W. McElwee, Lewis, Rice, Tucker, Allen & Chubb, James A. Singer, Jerome M. Rubenstein, J. L. Pierson, Fordyce, Mayne, Hartman, Renard & Stribling, Thomas Rowe Schwarz, Samuel A. Mitchell, Charles M. Spence, Thompson, Mitchell, Thompson & Douglas, St. Louis, for respondents.

BRADY, Commissioner.

This is an action by the City of Olivette seeking a declaratory judgment in a proceeding under Section 71.015 RSMo 1949, V.A.M.S., Laws of Missouri 1953, p. 309, commonly known as the Sawyer Act. By this action the City of Olivette seeks to annex some 300 acres of land which is adjacent to its present boundaries. The first amended petition describes the property to be annexed, alleges the reasonableness and necessity of the annexation, and the...

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