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MATTINGLY v. ST. LOUIS COUNTY

No. 39364.

569 S.W.2d 251 (1978)

Cornelius C. MATTINGLY et ux., Appellants, v. ST. LOUIS COUNTY, Missouri, Respondent.

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

Motion for Rehearing and/or Transfer Denied July 14, 1978.

Application to Transfer Denied September 12, 1978.

Attorney(s) appearing for the Case

Sleater & Sleater, W. W. Sleater, Clayton, for appellants.

Thomas W. Wehrle, County Counseler, Dennis K. Morgan, Associate County Counseler, Clayton, for respondent.

CLEMENS, Presiding Judge.

Plaintiffs' three-count petition, sounding both in tort and inverse condemnation, was dismissed for failure to state a claim and plaintiffs have appealed. We find the petition insufficient in tort, but sufficient as to inverse condemnation. Accordingly, we reverse and remand.

Common to each count are plaintiffs' allegations they own or have prescriptive rights in a described tract of land...

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