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CITY OF BOURBON v. MILLER

No. 52957.

420 S.W.2d 296 (1967)

CITY OF BOURBON, a Municipal Corporation, Respondent, v. Frank MILLER and Catherine Miller, his wife et al., Appellants, Eugene E. Johnson and Geneva E. Johnson, his wife et al., Defendants.

Supreme Court of Missouri, In Banc.

November 13, 1967.

Attorney(s) appearing for the Case

G. C. Beckham, Steelville, for respondent.

Samuel Richeson, Dearing, Richeson, Weier & Roberts, Hillsboro, for appellants.

EAGER, Judge.

The action involved here is a declaratory judgment suit seeking approval of the annexation of two tracts of land to the plaintiff, a city of the fourth class. The trial court approved the annexation, and a majority of the defendants appealed. The defendants were chosen as representatives of the property owners in the two tracts and there is no contention that they do not fairly represent those classes. Plaintiff alleged that the annexation sought was...

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