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CITY OF LEXINGTON v. SHEPARD

Nos. 23144, 23145.

344 S.W.2d 308 (1961)

CITY OF LEXINGTON, Missouri, Plaintiff-Respondent, v. Basil E. SHEPARD et al., Defendants-Appellants.

Kansas City Court of Appeals, Missouri.

February 6, 1961.

Attorney(s) appearing for the Case

J. B. Beavers, Cameron, Ike Skelton, Skelton & Bradley, Lexington, for appellants.

William Aull, III, Aull & Aull, Lexington, for respondent.

BROADDUS, Judge.

This is an action filed by the City of Lexington pursuant to Sect. 71.015 R.S.Mo., V.A.M.S. (1957 Cum.Supp., Laws of 1953, page 309). In said petition the City seeks a declaratory judgment authorizing it to proceed under the laws of this State to annex and bring within its corporate limits certain real estate described in said petition. At the conclusion of the trial the court took the case under advisement and on August 25,

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