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CITY OF HOUSTON v. DUFF

No. 7843.

338 S.W.2d 373 (1960)

CITY OF HOUSTON, a municipal corporation, Plaintiff-Respondent, v. W. E. DUFF, Herbert Coats, James Tweed, Ray Lilly, Jack Fogg, Fred Sillyman, Nolan Hutcheson, C. O. Bennett, Coy Haggard, Glen Romines, Elmer Frederick, John Hill, Charles Manier, Walter Redmon, Herman Head, George Harmon, E. E. Crawford, Ed Nichols, Emma Baker, Earl Sawyer and A. J. Haney, Defendants-Appellants.

Springfield Court of Appeals, Missouri.

September 13, 1960.

Attorney(s) appearing for the Case

Wm. Duke Hiett, Houston, for defendants-appellants.

Lay & Ichord, Houston, for plaintiffrespondent.

STONE, Presiding Judge.

This is an action by the City of Houston, Missouri, under the so-called Sawyer Act [V.A.M.S. 71.015; Laws of 1953, p. 309] for a declaratory judgment authorizing it to annex four contiguous tracts (hereinafter referred to as the contiguous tracts) having an aggregate area of 487.69 acres. Its pleaded theory is that the proposed annexation "is reasonable and necessary, because of the city's need of additional land for residential and industrial...

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