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SEIBERT v. CITY OF COLUMBIA

No. 55911.

461 S.W.2d 808 (1970)

Mrs. George SEIBERT et al., (Plaintiffs) Appellants, v. CITY OF COLUMBIA, a Municipal Corporation, (Defendant) Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 11, 1971.

Attorney(s) appearing for the Case

Carroll J. Donohue, Shulamith Simon, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, for plaintiffs-appellants.

Raymond C. Lewis, Jr., David B. Rogers, Smith, Lewis & Rogers, Columbia, for defendant-respondent.

HOLMAN, Judge.

Plaintiffs filed this suit attacking the validity of the annexation of seven separate tracts of land by the defendant, City of Columbia. The trial court sustained a motion to dismiss "on the ground that the cause of action set up in plaintiffs' petition is res judicata." Plaintiffs have duly appealed. We have jurisdiction because an issue raised by plaintiffs would, if decided, require a construction of constitutional provisions. Although we decide...

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