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WENDY'S OF MID-MISSOURI, INC. v. WEST

No. WD 30850.

606 S.W.2d 215 (1980)

WENDY'S OF MID-MISSOURI, INC., a corporation, Respondent, v. I. Leroy WEST, an Individual, and I. Leroy West, R. E. Stevens and Ely Kopman, Statutory Trustees of Property Equities, Inc., a corporation, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 1, 1980.

Application to Transfer Denied November 12, 1980.

Attorney(s) appearing for the Case

John W. Inglish, Jefferson City, for appellants.

John E. Burruss, Jr., Michael A. Dallmeyer, Jefferson City, for respondent; Hendren & Andrae, Jefferson City, of counsel.

Before WASSERSTROM, C. J., and PRITCHARD and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 1, 1980.

PRITCHARD, Judge.

Respondent (Wendy's) brought suit to have a north-south street (Blair Drive) lying to the west and adjoining its property, to which street it had ingress and egress from its property, declared to be a public street and for an injunction preventing closure of the street. The trial court found and concluded that the street was public because of a common law dedication...

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