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SMITH v. CITY OF FARMINGTON

No. 39575.

577 S.W.2d 117 (1978)

Walter E. SMITH and Louise Smith, his wife, Respondents, v. CITY OF FARMINGTON, a Municipal Corporation, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied February 16, 1979.

Application to Transfer Denied March 13, 1979.

Attorney(s) appearing for the Case

Colson & Wagner by Gary W. Wagner, James G. Freer, Farmington, for appellant.

V. Kenneth Rohrer, Roberts & Roberts, Farmington, for respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 16, 1979.

GUNN, Judge.

Walter E. and Louise Smith brought a two count action in circuit court for money damages and injunctive relief based upon the City of Farmington's (the City) interference with their right to peaceable enjoyment of their property. More specifically, raw sewage and polluted water periodically escaped from a sewer pumping station...

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