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CITY OF JOPLIN v. JOPLIN WATER WORKS COMPANY

No. 50507.

386 S.W.2d 369 (1965)

CITY OF JOPLIN, Missouri, a Municipal Corporation, Respondent, v. The JOPLIN WATER WORKS COMPANY, a Missouri Corporation, Appellant.

Supreme Court of Missouri, Division No. 1.

February 8, 1965.

Attorney(s) appearing for the Case

William H. Burden, Joplin, for respondent.

John W. Scott, Spencer, Scott & Dwyer, Joplin, for appellant.

HOUSER, Commissioner.

Action in two counts by City of Joplin against The Joplin Water Works Company. Tried to the court without a jury Count I for a declaratory judgment was dismissed. Judgment was rendered for City on Count II for $48,336.84. City did not appeal from the judgment on either count. Company appealed from the order overruling its motion for new trial, a non-appealable order, but we will review the judgment on Count II on the theory that Company intended...

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