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KEENER v. BERRY

No. 53146.

432 S.W.2d 223 (1968)

William H. KEENER, N. Scott Angevine and William D. Shannahan, John E. Hein, Don Scott and Gilbert F. Martin, Individually and as Trustees of Osage Hills Subdivision, Plaintiffs-Appellants, v. Ira E. BERRY, Melvin C. Karr and Chester A. Love, Individually and as officers of Berry-Karr, Inc., a corporation, Berry-Karr, Inc., a corporation, Robert G. Reim, Robert Murphy, Phillip Hallof, Jr., Robert E. Staed and Francis Scheidegger, Defendants-Respondents.

Supreme Court of Missouri, Division No. 2.

September 9, 1968.

Attorney(s) appearing for the Case

Tenney, Dahman & Mathewson, St. Louis, for plaintiffs-appellants.

Chester A. Love, Edwin Rader, Clayton, for Ira E. Berry, Melvin C. Karr, Chester A. Love and Berry-Karr, Inc., defendants-respondents.

GEORGE P. ADAMS, Special Judge.

This suit to enjoin the construction of a road over Lot 117 of Osage Hills Subdivision in Kirkwood, Missouri is brought by plaintiffs-appellants as trustees of the subdivision under a "Trust Agreement and Indenture of Restrictions" and "as owners on behalf of all owners of lots in said subdivision". The defendants-respondents are a corporation which proposes to use such road as ingress and...

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