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CORNELIUS v. TUBBESING

No. 11084.

576 S.W.2d 753 (1979)

Samuel M. CORNELIUS and Mary M. Cornelius, his wife, Plaintiffs-Appellants, v. Lee R. TUBBESING and Eileen Tubbesing, his wife, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

January 22, 1979.

Attorney(s) appearing for the Case

Ronald K. Carpenter, Phillips, McElyea, Walker & Carpenter, P. C., Camdenton, for plaintiffs-appellants.

John R. Casteel, Foster, Casteel & Drover, Camdenton, for defendants-respondents.

BILLINGS, Judge.

Appeal from purported judgment denying injunction and damages for trespass for the alleged encroachment of a patio onto plaintiffs' land. The trial court made the following entry on June 9, 1978:

"DOCKET ENTRY OF 6-9-78 . . . `Def. present additional evidence. Final argument by the attorneys. Judgment for Defendant and against Plaintiff on Count I and Count II of Plaintiff's Petition. Cost taxed...

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