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STATE EX REL. SMITH v. CITY OF SPRINGFIELD

No. 49424.

375 S.W.2d 84 (1964)

STATE of Missouri ex rel. Jesse E. SMITH, County Collector of Greene County, Relator, and Pleasant View Reorganized School District No. 1 of Greene County, Missouri, Willard Reorganized School District No. 2 of Greene County, Missouri, Fair Grove Reorganized School District No. 10 of Greene County, Missouri, Strafford Reorganized School District No. 6 of Greene County, Missouri, Bolivar Road District No. 104 of Greene County, Missouri, the Greene County Library District, the County of Greene, and the State of Missouri, Respondents, v. CITY OF SPRINGFIELD, Missouri, a Municipal Corporation, Springfield City Water Company, a Corporation, Appellants, and Springfield Reorganized School District No. 12 of Greene County, Missouri, (Non-appealing) Defendant.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 10, 1964.

Attorney(s) appearing for the Case

Neale, Newman, Bradshaw, Freeman & Neale, Charles F. Newman, O. J. Taylor, Springfield, for appellant, Springfield City Water Co.

J. Weston Miller, Mayte B. Hardie, Miller, Fairman, Sanford, Carr & Lowther, Springfield, for City of Springfield.

Stewart, Reid & Turner, A. Ronald Stewart, Springfield, Don Burrell, Pros. Atty. of Greene County, Springfield, for respondents.

LEEDY, Judge.

In 1957 City of Springfield (hereinafter referred to as City) acquired by purchase from Springfield Water Company, a corporation (hereinafter called Water Company), the latter's waterworks properties and plant, including all lands and improvements thereon. The present controversy arises out of certain provisions of the contract under which said purchase and sale was effectuated, particularly paragraph IX thereof having to do with the ad valorem taxes...

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