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CHAPPELL v. CITY OF SPRINGFIELD

No. 50473.

388 S.W.2d 886 (1965)

Fred S. CHAPPELL and Edna E. Chappell, Respondents, v. The CITY OF SPRINGFIELD, Missouri, a Municipal Corporation, Appellant. Earl and Earleene HATFIELD, Husband and Wife, B. F. and Lela H. Flanigan, Husband and Wife, Dale and Virgie Sissel, Husband and Wife, Don R. and Betty Rader, Husband and Wife, Emerson and Helen M. Taylor, Husband and Wife, John and Vivian Jackson, Husband and Wife, Junior and Hazel J. Yenicheck, Husband and Wife, Dwight and Bessie Hutchinson, Husband and Wife, Charles and Ruth V. Hutchinson, Husband and Wife, Respondents, v. The CITY OF SPRINGFIELD, Missouri, a Municipal Corporation, Appellant.

Supreme Court of Missouri, Division No. 2.

April 12, 1965.

Attorney(s) appearing for the Case

White, Dickey & Skelton, Turner White, Springfield, Lincoln, Haseltine, Keet, Forehand & Springer, Horace S. Haseltine, Springfield, for respondents.

John B. Newberry, Springfield, for appellant.

EAGER, Judge.

This appeal arises from the trial of two consolidated actions in each of which the plaintiffs charged the defendant city with the operation of a continuing nuisance in connection with its sewage disposal plant southwest of the city. One suit was instituted by Fred S. Chappell and his wife, the other by nine different married couples. These various plaintiffs were the owners of separate tracts in the vicinity...

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