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CITY OF FARMINGTON v. McCLARD

Nos. 33008, 33010.

437 S.W.2d 114 (1969)

CITY OF FARMINGTON, Missouri, a municipal corporation, Plaintiff-Respondent, v. Arlie R. McCLARD et al., Defendants, Earl Comte, E. J. Morris, Byron Harrington, Jim Slough, and Eugene Pogue, Defendants-Appellants, and Milton J. Schnebelen, Robert A. Huckstep, Denis Herbst, Clifton A. Sutherland, Eugene Herbst, Jack Cash, Warren Yancey, George Wooldridge and Sam Jennings, Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

January 21, 1969.

Attorney(s) appearing for the Case

E. L. McClintock, Jr., Flat River, for defendants Arlie R. McClard and others.

E. L. McClintock, Jr., Flat River, for defendants-appellants.

Milton J. Schnebelen, Farmington, prose, and for defendants-appellants.

Smith & Colson, Farmington, for plaintiff-respondent.

TOWNSEND, Commissioner.

Class action by the City of Farmington, a fourth class city against twenty-one named defendants, seeking, under the provisions of § 71.015, Laws of 1959, a declaratory judgment authorizing the annexation to the city of 991 acres owned by the defendants. Fifteen of the defendants answered in two groups; four others served were never represented. In the course of the trial the court gave leave to defendant McClard to withdraw his answer...

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