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FEELY v. BIRENBAUM

Nos. 37743, 37736.

554 S.W.2d 432 (1977)

Vincent J. FEELY et al., Plaintiffs-Respondents, v. Louis I. BIRENBAUM et al., Defendants-Appellants.

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

Motions for Rehearing and/or Transfer Denied July 21, 1977.

Applications to Transfer Denied September 12, 1977.

Attorney(s) appearing for the Case

Goldstein & Carey, Kathy Carey, Stanley E. Goldstein, Clayton, for defendants-appellants.

Schmitz & Fischer, Mary Stake Hawker, J. Peter Schmitz, St. Louis, for plaintiffs-respondents.

GUNN, Judge.

Plaintiffs-respondents brought suit to enjoin and restrain defendants-appellants, two unrelated males, from residing together or with persons unrelated by blood, marriage or adoption at defendants' single family residence. The trial court found that the subdivision trust indenture applicable to defendants' residence prevented defendants from living together in their single family residence. The primary issue on appeal is whether the subdivision trust...

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