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A. SWARM v. CONTINENTAL OIL COMPANY

No. 23067.

332 S.W.2d 300 (1960)

James A. SWARM et al., Appellants, v. CONTINENTAL OIL COMPANY, a Corporation, Respondent.

Kansas City Court of Appeals. Missouri.

January 11, 1960.

Attorney(s) appearing for the Case

Richard A. Erickson, Kansas City, Rufus Burrus, Independence, for appellants.

George H. Gangwere, Arthur M. Wright, Blackmar, Swanson, Midgley, Jones & Eager, Kansas City, for respondent.

SPERRY, Commissioner.

Plaintiffs own and reside in homes located on lots numbered 2 to 14, inclusive, Country Club Addition, Independence. Defendant owns a part of Lot 1 of that Addition. Plaintiffs seek a judgment declaring that defendant's intended use of its property as a gasoline filling service station is violative of certain recorded covenants and restrictions attaching to the subdivision, which covenants were pleaded, and for injunctive relief. Defendants'...

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