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SOMERSET VILLA, INC. v. CITY OF LEE'S SUMMIT

No. 53479.

436 S.W.2d 658 (1968)

SOMERSET VILLA, INC., Respondent, v. CITY OF LEE'S SUMMIT, Missouri, and Dacur Investment Company, Appellants.

Supreme Court of Missouri, Division No. 2.

Modified on Motion February 10, 1969.

Attorney(s) appearing for the Case

Edgar S. Carroll, Thos. J., Conway, Kansas City, Richard K. Phelps, Lee's Summit, for respondent; Popham, Thompson, Popham, Trusty & Conway, Kansas City, of counsel.

Walter A. Raymond and Raymond, West & Strader, Kansas City, C. E. Lavery and Vera L. Jones, Lee's Summit, for appellant City of Lee's Summit.

Frank P. Sebree, William G. Zimmerman, Shook, Hardy, Ottman, Mitchell & Bacon, Kansas City, Joseph S. Levy, Bernard D. Craig, Bernard D. Craig, Jr., Levy & Craig, Kansas City, for appellant, Dacur Investment Co.

As Modified on Court's Own Motion February 10, 1969.

BARRETT, Commissioner.

Somerset Villa has been awarded $75,000.00 damages for flood injuries on July 19, 1965, to its apartment house complex in Lee's Summit. The appellant-defendants are Dacur Investment Company, the builder-owner-operator of a 26-acre shopping center and Lee's Summit, a city of the fourth class. The area comprising the shopping center as well as the apartment complex area were once owned...

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