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KAMMERER v. CELLA

No. 39994.

585 S.W.2d 552 (1979)

William H. KAMMERER et al., Plaintiffs-Respondents, v. Charles J. CELLA, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division One.

July 31, 1979.

Attorney(s) appearing for the Case

Jesse E. Bishop, St. Louis, Justin J. Weil, Clayton, for defendant-appellant.

David Wells, Peter A. Fanchi, Thompson & Mitchell, St. Louis, for plaintiffs-respondents.

SNYDER, Presiding Judge.

Plaintiffs brought suit in ejectment and for damages under Count I and for additional damages under Count II of their petition. Defendant filed a counterclaim for an easement by prescription. Plaintiffs' Count II was dismissed during the trial. After jury verdicts for defendant on both the petition and his counterclaim, the trial court granted plaintiffs' motion for a new trial. This appeal followed.1

The...

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