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STATE EX REL. FREEZE v. CITY OF CAPE GIRARDEAU

No. 35929.

523 S.W.2d 123 (1975)

STATE of Missouri ex rel. John H. FREEZE and Patricia J. Freeze, his wife, Relators-Respondents, v. CITY OF CAPE GIRARDEAU et al., Respondents-Appellants.

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

April 29, 1975.

Attorney(s) appearing for the Case

Thomas M. Utterback, City Atty., Cape Girardeau, for respondents-appellants.

Limbaugh, Limbaugh & Russell, Richard D. Kinder, Cape Girardeau, for relatorsrespondents.

RENDLEN, Judge.

The City of Cape Girardeau and individually named city employees1 appeal from writ of mandamus made absolute by the Cape Girardeau Court of Common Pleas on December 28, 1973, commanding appellants to issue a building permit to respondents (relators below) for construction of a service station and car wash on their property in the city. The cause was submitted on an agreed statement of facts. We affirm.

In 1968 respondents...

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