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KIRKWOOD v. CITY OF ST. LOUIS

No. 48449.

351 S.W.2d 781 (1961)

Mary Purcell KIRKWOOD and Joseph A. Kirkwood, for and on behalf of themselves and all others similarly situated and interested, Appellants, v. CITY OF ST. LOUIS, a municipal corporation, and V & M Contracting Company, a corporation, Respondents.

Supreme Court of Missouri, Division No. 2.

December 11, 1961.

Attorney(s) appearing for the Case

Joseph A. Kirkwood, St. Louis, for appellants.

Thos. J. Neenan, City Counselor of the City of St. Louis, Aubrey B. Hamilton, Assoc. City Counselor, St. Louis, for City of St. Louis.

Sylvan Agatstein and Shifrin, Treiman, Agatstein & Schermer, St. Louis, for respondent, V & M Contracting Co.

STOCKARD, Commissioner.

Plaintiffs brought this action to enjoin the City of St. Louis from constructing a highway through a portion of a public park and to challenge the validity of the municipal bonds issued to pay for said highway. After a hearing the trial court dismissed the petition and plaintiffs have appealed.

Located within the western central portion of the City of St. Louis is a publicowned rectangular...

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