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METROPOLITAN ST. LOUIS SEWER DISTRICT v. ZYKAN

No. 56130.

495 S.W.2d 643 (1973)

The METROPOLITAN ST. LOUIS SEWER DISTRICT, a municipal corporation, et al., Respondents, v. Frank E. ZYKAN et al., Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied June 11, 1973.

Attorney(s) appearing for the Case

Charles B. Kaiser, Jr., Edward G. Wiegers, St. Louis, Gerald A. Rimmel, Susman, Willer & Rimmel, St. Louis, for plaintiffs-respondents.

David G. Dempsey, Richard B. Dempsey, Dempsey, Dempsey & McCarthy, Clayton, for defendants-appellants.

Motion for Rehearing or to Transfer to Court En Banc Denied June 11, 1973.

HIGGINS, Commissioner.

Action in three counts to cause defendants to construct a drainage channel pursuant to terms of real estate sales contracts, and for damages to two improved tracts of real estate resulting from failure to construct the channel. The judgment and decree ordered defendants to construct the channel improvement in accordance with plans submitted by them to plaintiff...

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