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McDONNELL AIRCRAFT CORPORATION v. CITY OF BERKELEY

Nos. 48634, 48635.

367 S.W.2d 498 (1963)

McDONNELL AIRCRAFT CORPORATION, Plaintiff-Respondent, v. CITY OF BERKELEY, a Municipal Corporation, Defendant-Appellant. CITY OF ST. LOUIS, a Municipal Corporation, et al., Plaintiffs-Respondents, v. CITY OF BERKELEY, a Municipal Corporation, Defendant-Appellant.

Supreme Court of Missouri, Division No. 1.

May 13, 1963.

Attorney(s) appearing for the Case

Boyle, Priest, Elliott & Weakley, Howard Elliott, Edward D. Weakley, Howard Elliott, Jr., St. Louis, for appellant, City of Berkeley.

Thomas J. Neenan, Thomas F. McGuire, Aubrey B. Hamilton, St. Louis, for City of St. Louis.

Samuel H. Liberman, St. Louis, Attorney for American Airlines and others.

Thomas S. McPheeters, Jr., Marion S. Francis, St. Louis, Attorneys for McDonnell Aircraft Corp.; Lewis, Rice, Tucker, Allen & Chubb, Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.

HYDE, Judge.

Actions for declaratory judgment and injunction, consolidated for trial, to declare void proceedings of the City of Berkeley to annex Lambert-St. Louis Municipal Airport, owned by the City of St. Louis, and adjoining land of McDonnell Aircraft Corporation, northwest of the airport. Seven Airlines using the airport joined as plaintiffs with St. Louis. The court entered judgments declaring void the amendment to the charter of Berkeley extending its corporate...

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