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CITY OF OLIVETTE v. GRAELER

No. 47983.

338 S.W.2d 827 (1960)

CITY OF OLIVETTE, a Municipal Corporation, Appellant, (Plaintiff), v. Walter GRAELER and Ruth Graeler, His Wife, et al., Being Representatives of a Class of Inhabitants of a Certain Unincorporated Area, Respondents, (Defendants). Industrial Properties, Inc., a Corporation, Respondent, (Intervenor-Defendant).

Supreme Court of Missouri, Division No. 2.

Motions for Rehearing or for Transfer Denied October 10, 1960.

Attorney(s) appearing for the Case

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

Claude W. McElwee, St. Louis, Lewis, Rice, Tucker, Allen & Chubb, James A. Singer, J. L. Pierson, Clayton, Stolar, Kuhlmann & Meredith, Fred L. Kuhlmann, Fred Drews, St. Louis, Fordyce, Mayne, Hartman, Renard & Stribling, Thomas Rowe Schwarz, St. Louis, for respondents.

Samuel A. Mitchell, Charles M. Spence, St. Louis, Thompson, Mitchell, Thompson & Douglas, St. Louis, of counsel, amici curiae.

Thos. J. Neenan, City Counselor of City of St. Louis, Aubrey B. Hamilton, Associate City Counselor, Thomas F. McGuire, Associate City Counselor, St. Louis, for City of St. Louis.

Philip A. Maxeiner and Lewis, Rice, Tucker, Allen & Chubb, St. Louis, for St. Louis county Library Board.

Motions for Rehearing or for Transfer to Court en Banc Denied October 10, 1960.

STORCKMAN, Judge.

This is a declaratory judgment action brought by the City of Olivette in connection with its proposal to annex an area adjoining it in St. Louis County. The action is being prosecuted pursuant to Section 71.015 RSMo 1949, V.A.M.S., Laws 1953, p. 309, § 1, which is commonly referred to as the Sawyer Act. The original...

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