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KEENER v. BERRY

No. 33407.

442 S.W.2d 159 (1969)

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.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied June 13, 1969.

Attorney(s) appearing for the Case

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

Chester A. Love, Edwin Rader, Edwards & Schiff, Clayton, for defendants-respondents.

Motion for Rehearing or to Transfer to the Supreme Court Denied June 13, 1969.

DOERNER, Commissioner.

This suit to enjoin the construction of a road over Lot 117 of Osage Hills Subdivision in Kirkwood, Missouri, was brought by plaintiffs as trustees of the subdivision under a "Trust Agreement and Indenture of Restrictions" and as owners of their lots on behalf of all lot owners in the subdivision. The defendants are the corporate owner of Lot 117, which proposes...

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