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MEINECKE v. STALLSWORTH

No. 25593.

483 S.W.2d 633 (1972)

Roy MEINECKE and Margaret Meinecke, Plaintiffs-Appellants, v. Elwood STALLSWORTH and Nina Stallsworth, Defendants-Respondents.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied July 6, 1972.

Application to Transfer Denied September 11, 1972.

Attorney(s) appearing for the Case

R. H. Moore, Kansas City, for plaintiffs-appellants.

R. E. Moulthrop, Bethany, for defendants-respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 6, 1972.

PER CURIAM.

The plaintiffs filed a petition denominated "Petition in Equity for Damages", in two counts. The nature of each of these counts was determined by court and counsel in pretrial proceedings to be that Count I is an action for damages for the maintenance of a private nuisance; and that Count II is an action for injunctive relief, seeking to abate such private nuisance. The...

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