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MISSOURI CITIES WATER COMPANY v. CITY OF ST. PETERS

No. 35203.

508 S.W.2d 15 (1974)

MISSOURI CITIES WATER COMPANY, a Missouri corporation, Plaintiff-Appellant, v. CITY OF ST. PETERS, Missouri, a municipal corporation, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division 1.

Motion for Rehearing or Transfer Denied April 8, 1974.

Application to Transfer Denied May 13, 1974.

Attorney(s) appearing for the Case

Edwards, Seigfreid, Runge & Hodge, Inc., Mexico, for plaintiff-appellant.

Niedner, Moerschel, Nack & Ahlheim, Rollin J. Moerschel, St. Charles, for defendant-respondent.

DOWD, Chief Judge.

Plaintiff brought this action to enjoin defendant from extending its water and sewer lines beyond the city limits and thus competing with plaintiff's business. The trial court sustained defendant's motion to dismiss and plaintiff appealed.

The plaintiff's petition contains, in part, the following allegations:

1. The defendant is a municipal corporation. 2. The plaintiff is a Missouri corporation and is the holder of a...

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