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MINTON v. LICHTENSTEIN

No. 34389.

487 S.W.2d 43 (1972)

Jack W. MINTON et al., Plaintiffs-Appellants, v. Daniel B. LICHTENSTEIN and Edward W. Krite as the Trustee for Frances A. Dockery, Defendants, Daniel B. Lichtenstein, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District.

Motion for Rehearing or to Transfer Denied November 10, 1972.

Attorney(s) appearing for the Case

Jack F. Allen, Clayton, for plaintiffs-appellants.

George F. Mehan, Jr., Clayton, for defendant-respondent.

Motion for Rehearing or to Transfer to Supreme Court Denied November 10, 1972.

BRADY, Chief Judge.

This is a suit to enforce by means of a mandatory injunction a fence restriction in a subdivision indenture. Finding that it was waived, relinquished, and abandoned, the trial court refused to enforce the covenant and plaintiffs, trustees of Forest Green Estates, appealed.

Sub-paragraph 10(h) of the main indenture...

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