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IN RE OSAGE BEACH

Nos. KCD 30050, KCD 30148.

568 S.W.2d 539 (1978)

In re Annexation Petition of OSAGE BEACH, Missouri. STATE of Missouri ex rel. CITY OF LAKE OZARK, Missouri, Appellant-Relator, v. CITY OF OSAGE BEACH, Missouri, Appellee-Respondent.

Missouri Court of Appeals, Kansas City District.

Rehearing Denied July 3, 1978.

Attorney(s) appearing for the Case

Kibbe, Crews & Gaw, Terrence F. Pyle, Tipton, for appellant-relator.

Phillips, McElyea, Walker & Carpenter Corp., Charles E. McElyea, Camdenton, for appellee-respondent.

Before WASSERSTROM, P. J., SWOFFORD, C. J., and SHANGLER, DIXON, PRITCHARD, SOMERVILLE and TURNAGE, JJ.

TURNAGE, Judge.

The City of Lake Ozark appeals from an order overruling its motion to intervene and to set aside a default judgment approving the annexation by the City of Osage Beach of certain land. The default gave Osage Beach court approval to proceed with annexation under Sec. 71.015, RSMo 1969, known generally as the Sawyer Act.

Lake Ozark filed its notice of appeal with this court from the above order, then...

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