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CITY OF HANNIBAL v. WINCHESTER

No. 50068.

391 S.W.2d 279 (1965)

CITY OF HANNIBAL, a municipal corporation, Appellant, v. Ben N. WINCHESTER and Ruth Winchester, his wife, et al., Respondents.

Supreme Court of Missouri, In Banc.

June 14, 1965.

Attorney(s) appearing for the Case

Dennis R. Davidson, City Counselor, Ely & Hibbard, Ben Ely, Hannibal, for appellant.

William B. Spaun, Hannibal, for respondents.

EAGER, Judge.

This case involves the validity of proceedings by the City of Hannibal, a charter city, to annex territory. A petition for declaratory judgment under the Sawyers Act, Section 71.015, RSMo 1959, V.A.M.S.,1 was filed as a class suit against the interested owners in the adjacent territory. No objection is made here to the use of a class action. The petition contains the allegations appropriate to a Sawyers Act case, namely,...

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