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MELSON v. GUILFOY

No. 40497.

595 S.W.2d 404 (1980)

G. Leland MELSON et al., Plaintiffs-Respondents, v. James J. GUILFOY et al., Defendants-Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

February 13, 1980.

Attorney(s) appearing for the Case

Joseph H. Mueller, Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, Mark F. Haywood, St. Louis, for defendants-appellants.

Frederick J. Dana, Gallop, Johnson, Godiner, Morganstern & Crebs, St. Louis, for plaintiffs-respondents.

STEPHAN, Presiding Judge.

Plaintiffs, as trustees of Berry Road Park subdivision, in Glendale, St. Louis County, sought and obtained a mandatory injunction requiring defendants to remove a fence erected on defendants' property in the subdivision without the prior written approval of the trustees. Such approval is required by the subdivision indenture which provides in part, "No fence or outbuilding (except as may be approved in writing by the Trustees) shall be erected...

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