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CITY OF ROCK PORT v. ATCHISON COUNTY COOP. ASS'N

No. 53142.

432 S.W.2d 317 (1968)

CITY OF ROCK PORT, a Municipal Corporation, Respondent, v. ATCHISON COUNTY COOPERATIVE ASSOCIATION, Richard Altman, Atchison County, Missouri, Doyne Shelton, S. M. Burke, Willis Burke, Marvin Bell, Gilbert Burke, Charles Burke, Reed Burke, Joan Bell and Betty Shelton, Appellants, Rolla Cook, Atchison-Holt Electric Cooperative, Wilma Brakeman, Guy Andermann, Mildred Phelps, Melvin E. Rolf, William Otis Alleshouse, Katheryn Knowles, Annabelle Mellen and Edith L. Holliway, Defendants.

Supreme Court of Missouri, Division No. 1.

October 14, 1968.

Attorney(s) appearing for the Case

Frank H. Strong, Maryville, for respondent, City of Rock Port.

Walter L. Mulvania, Rock Port, for appellants, Atchison County Cooperative Ass'n, Doyne Shelton and Betty Shelton, Marvin Bell and Joan Bell.

Bernard W. Gorman, Tarkio, for appellants, Richard Altman, Atchison County, Mo., Willis Burke, Gilbert Burke, Charles Burke and Reed Burke.

JOHN C. CASEY, Special Judge.

This is an appeal from a declaratory judgment authorizing the City of Rock Port to proceed in the annexation of certain areas abutting the city under the provisions of Section 71.015 RSMo 1959, V.A.M.S. often referred to as the Sawyers Act. It is conceded by all parties that this court has exclusive appellate jurisdiction since Atchison County, Missouri, is the owner of part of the land proposed to be annexed and is an appealing defendant...

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