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HUTER v. BIRK

No. 57627.

510 S.W.2d 177 (1974)

Walter J. HUTER and Cora Huter, Respondents, v. Truman BIRK and Shirley Birk, Appellants.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or for Transfer Denied June 10, 1974.

Attorney(s) appearing for the Case

Stephen E. Strom, Strom & Strom, Cape Girardeau, for respondents.

Albert C. Lowes, Buerkle, Buerkle & Lowes, Jackson, for appellants.

Opinion Modified on Court's Own Motion.

Motion for Rehearing or for Transfer to Court En Banc Denied June 10, 1974.

WELBORN, Commissioner.

Action arising out of dispute over the right of respondents to use a private road across land of appellants. By Count I of their petition respondents sought a decree declaring their title by prescription to a permanent easement for the unimpaired use of the road across...

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