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PLACKE v. HAGGERTY

No. 38662.

562 S.W.2d 743 (1978)

Donald C. PLACKE, Plaintiff-Appellant, v. Jess C. HAGGERTY and Florence E. Haggerty, and Jess C. Haggerty, Jr., Defendants-Respondents.

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

Motion for Rehearing and/or Transfer Denied March 10, 1978.

Application to Transfer Denied April 10, 1978.

Attorney(s) appearing for the Case

J. William Newbold, John G. Young, Jr., Ziercher, Hocker, Tzinberg, Human & Michenfelder, Clayton, for plaintiff-appellant.

Richard L. Hughes, Mogab & Hughes, St. Louis, for defendants-respondents.

GUNN, Presiding Judge.

The classic dispute between neighbors over construction on property lines erupted into litigation which has reached this court on appeal. A fence built on a retaining wall bred the litigation, thereby assailing the veracity of the poet's observation that, "Good fences make good neighbors."1

James Haggerty, Jr., defendant in this action, inherited a dwelling house in Saint Louis Hills Estates No. 4 subdivision...

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