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FRANKE v. SOUTHWESTERN BELL TELEPHONE COMPANY

No. 55533.

479 S.W.2d 472 (1972)

Alfred FRANKE and Theodore R. P. Martin, Appellants, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Respondent.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied May 8, 1972.

Attorney(s) appearing for the Case

A. Wimmer Carr, Donald W. Paule, Tremayne, Lay & Carr, Clayton, for appellants.

C. Kenneth Thies, Kerth, Thies, Schreiber, Hamel & Dee, Clayton, William C. Sullivan, W. Kenneth Lindhorst, St. Louis, for respondent.

Motion for Rehearing or to Transfer to Court en Banc Denied May 8, 1972.

HIGGINS, Commissioner.

Action by plaintiffs for $50,000 actual and $100,000 punitive damages for trespass to real estate, alleged to have occurred through use and occupancy of plaintiffs' land by defendant in maintaining an underground concrete conduit containing wires and cables through plaintiffs' land. Defendant denied the trespass and damages, claimed an easement across plaintiffs...

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