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BERBERICH v. CONCORDIA GYMNASTIC SOCIETY

No. 32272.

402 S.W.2d 582 (1966)

W. BERBERICH, Rod Tiemann, A. J. Gubser, George Stocker, G. C. Biesinger, Nelson H. Buss, and William Hennerich, Plaintiffs-Appellants, v. CONCORDIA GYMNASTIC SOCIETY, Defendant-Respondent, City of Saint Louis, Intervenor-Respondent.

St. Louis Court of Appeals, Missouri.

April 19, 1966.

Attorney(s) appearing for the Case

Herman M. Katcher, Walter S. Berkman, St. Louis, for appellant.

Stemmler & Stemmler, St. Louis, for defendant-respondent.

Thomas F. McGuire, City Counselor, Thomas J. Neenan, John J. Fitzgibbon, Associate City Counselors, St. Louis, for intervenor-respondent.

TOWNSEND, Commissioner.

This is an action for a declaratory judgment seeking a declaration as to the rights and duties of the parties with respect to certain real estate acquired by defendant in 1961 and for an injunction restraining defendant from the use of that real estate in alleged violation of the Zoning Ordinances of the City of St. Louis. The city has intervened. From an adverse judgment, plaintiffs appeal.

Plaintiffs charge that the allegedly unauthorized...

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