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GENOVA v. CITY OF KANSAS CITY

No. 25947.

497 S.W.2d 555 (1973)

Jack GENOVA, Respondent, v. CITY OF KANSAS CITY, Missouri, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied July 23, 1973.

Attorney(s) appearing for the Case

Aaron A. Wilson, City Counselor, Thomas C. Clark, Asst. City Counselor, Kansas City, for appellant.

Lloyd S. Hellman and William J. Gotfredson, Kansas City, for respondent; Achtenberg, Sandler & Balkin, Kansas City, of counsel.

Before DIXON, C. J., PRITCHARD and SOMERVILLE, JJ., and WILLIAM J. MARSH, Special Judge.

PRITCHARD, Judge.

Upon the theory of nuisance, plaintiff recovered a judgment pursuant to the verdict of a jury against defendant in the amount of $3,640.00 for water damage to plaintiff's building at 2826, 2828 and 2830 McGee Trafficway, in Kansas City, Missouri.

Plaintiff has filed a motion to dismiss defendant's appeal upon the ground that its statement of facts is not fair and concise as required by Rule 84.04(c), V.A. M.R.: "The statement of facts shall...

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