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SOUTHWESTERN BELL TELEPHONE COMPANY v. WEBB

No. 31958.

393 S.W.2d 117 (1965)

SOUTHWESTERN BELL TELEPHONE COMPANY, (Plaintiff) Appellant, v. Hershel WEBB and Helen Webb, his wife, Fred Melton and Tina Melton, his wife, John Mothershead, Richard M. Secor, Sr., and Martha Secor, his wife, James A. Montgomery, Jr., and Catherine Montgomery, his wife, Jefferson Trust Company, a corporation, trustee, and Gravois Bank, Cestui que trust, (Defendants) Respondents.

St. Louis Court of Appeals, Missouri.

Rehearing Denied July 13, 1965.

Application to Transfer Denied September 13, 1965.

Attorney(s) appearing for the Case

Samuel Richeson, Dearing, Richeson, Weier & Roberts, Hillsboro, John Mohler, and Leo E. Eickhoff, Jr., St. Louis, for appellant.

Thurman, Nixon & Smith, J. W. Thurman, Hillsboro, for respondents.

L. F. COTTEY, Special Judge.

Respondents are the owners of a tract of land platted, but not otherwise developed, as a residential subdivision of eighty-eight lots in the rapidly expanding Maxville community in Jefferson County. Appellant has acquired by condemnation an easement over a 1-rod wide strip along the entire southern boundary of the tract for the purpose of constructing an underground communication system "consisting of underground cables, wires, conduits...

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