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CITY OF KIRKWOOD v. ALLEN

No. 49920.

399 S.W.2d 30 (1966)

CITY OF KIRKWOOD, a Municipal Corporation, Respondent, v. Leslie L. ALLEN et al., Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 14, 1966.

Attorney(s) appearing for the Case

John R. Barsanti, Jr., Ramon J. Morganstern, Husch, Eppenberger, Donohue, Elson & Cornfeld (formerly Husch, Eppenberger, Donohue, Elson & Jones), St. Louis, for plaintiff-respondent, City of Kirkwood.

Norman C. Parker, St. Louis County Counselor, Lawrence J. Bannes, Asst. County Counselor, William J. Becker, Clayton, for certain appellants.

Morton I. Golder, Asst. County Counselor, Clayton, for appellant St. Louis County.

Greensfelder, Hemker & Wiese, Mark R. Gale, St. Louis, for Big Bend Realty Co.

DONNELLY, Justice.

This is a class action filed pursuant to § 71.015 (all statutory references are to RSMo 1959, V.A.M.S., unless otherwise stated) by the City of Kirkwood whereby it seeks a declaratory judgment that it may proceed as otherwise authorized by law in the annexation of an area of approximately 4,000 acres lying adjacent to and westerly of the city. St. Louis County is a named defendant and one of the appellants, and for that reason, among others...

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