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HAWKINS v. BURLINGTON NORTHERN, INC.

No. 58443.

514 S.W.2d 593 (1974)

Lawrence L. HAWKINS and Louise S. Hawkins, Respondents, v. BURLINGTON NORTHERN, INC., Appellant (two cases).

Supreme Court of Missouri, En Banc.

Rehearing Denied October 14, 1974.

Attorney(s) appearing for the Case

Walter A. Raymond and Raymond, West, Shy & Morris, and Edward L. Simmons, Kansas City, for respondents.

Clyde J. Linde, Billy S. Sparks, Kansas City, for appellant; Linde, Thomson, Van Dyke, Fairchild & Langworthy, Kansas City, of counsel.

Sam D. Parker, Jack W. R. Headley, Kansas City, for The Atchison, Topeka and Santa Fe Railway Company.

PER CURIAM:

After opinion, the Court of Appeals, Kansas City District, transferred these two cases, consolidated for purposes of appeal, to this court. The opinion was written by Pritchard, J., and made the following disposition of the same:

"These two flooding cases were consolidated upon appeal. The first, No. KCD 26077, was tried in DeKalb County upon the theory of common law trespass for flooding of a portion of 24 acres of land for the years 1951, 1952...

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