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MAYOR, COUNCILMEN, ETC. v. DEALERS TRANSPORT CO.

No. 47966.

343 S.W.2d 40 (1961)

MAYOR, COUNCILMEN, AND CITIZENS OF the CITY OF LIBERTY, A Municipal Corporation, Plaintiff-Respondent, v. DEALERS TRANSPORT COMPANY, A Corporation, and the City of Kansas City, Missouri, A Municipal Corporation, Defendants-Appellants.

Supreme Court of Missouri, En Banc.

February 19, 1961.

Attorney(s) appearing for the Case

Benj. M. Powers, Richard H. Koenigsdorf, City Counselors, John J. Cosgrove, Associate City Counselor, Robert A. Meyers, Asst. City Counselor, Kansas City, for defendants-appellants.

William E. Turnage, City Atty., Liberty, for plaintiff-respondent.

WESTHUES, Judge.

This case is here on transfer from the Kansas City Court of Appeals. The opinion of that court is reported in 328 S.W.2d 727.

In this opinion, plaintiffs Mayor, Councilmen, and Citizens of the City of Liberty will be referred to as City of Liberty.

On September 15, 1958, the City of Liberty, located in Clay County, Missouri, filed a petition in the Circuit Court of that county for a declaratory judgment...

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