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CITY OF ST. LOUIS v. BEDAL

No. 51223.

394 S.W.2d 391 (1965)

The CITY OF ST. LOUIS, a Municipal Corporation, Appellant, v. William S. BEDAL et al., Members of the Board of Commissioners of Tower Grove Park, and Howard F. Baer, et al., Members of the Board of Trustees of the Missouri Botanical Garden, Respondents.

Supreme Court of Missouri, Division No. 2.

As Modified October 11, 1965.

Attorney(s) appearing for the Case

Thos. J. Neenan, City Counselor, Aubrey B. Hamilton, Associate City Counselor, St. Louis, for appellant.

Chas. Claflin Allen, St. Louis, for Howard F. Baer, and others, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, of counsel.

John P. McCammon, St. Louis, for William S. Bedal, and others.

PRITCHARD, Commissioner.

This case for declaratory judgment was transferred to this court by the St. Louis Court of Appeals upon the ground that title to real estate was involved in the requested declaration. Const.Mo.1945, Art. V, § 3, V.A.M.S. The issue is whether there will be such diversion from park purposes by a proposed construction by plaintiff of a four-lane depressed through-way through Tower Grove Park in St. Louis as to divest title from the city...

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