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FLANIGAN v. CITY OF SPRINGFIELD

No. 49007.

360 S.W.2d 700 (1962)

B. F. FLANIGAN and Lela H. Flanigan, Husband and Wife, Earl C. Hatfield and Earleene Hatfield, Husband and Wife, Charles Hutchinson and Ruth v. Hutchinson, Husband and Wife, Dwight P. Hutchinson and Bessie M. Hutchinson, Husband and Wife, John M. Jackson and Vivian M. Jackson, Husband and Wife, Dan R. Rader and Betty Rader, Husband and Wife, Dale Sissel and Virgie Sissel, Husband and Wife, Emerson Taylor and Helen M. Taylor, Husband and Wife, Junior R. Yenicheck and Hazel J. Yenicheck, Husband and Wife, Respondents, v. The CITY OF SPRINGFIELD, Missouri, a Municipal Corporation, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion to Transfer Denied October 8, 1962.

Attorney(s) appearing for the Case

John B. Newberry, Springfield, for appellant.

Chinn, White & Dickey, Springfield, for respondents.

Motion to Transfer to Court En Banc Denied October 8, 1962.

BOHLING, Commissioner.

This is an appeal by the City of Springfield, Missouri, defendant in nine actions, each instituted by a husband and wife, seeking damages for alleged nuisance created by the defendant in the operation of a sewage disposal plant. A change of venue was granted the plaintiffs in each case to Webster County from Greene County. The material allegations of each petition, in three...

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