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LAKE WAUWANOKA, INC. v. SPAIN

Nos. 41986, 41987.

622 S.W.2d 309 (1981)

LAKE WAUWANOKA, INC., A Missouri Corporation, Plaintiff-Appellant, v. Dr. Ronald E. SPAIN, et al., Defendants, and James M. Hay, et al., and William Scheifler, et al., Intervenors-Defendants-Respondents. LAKE WAUWANOKA, INC., A Missouri Corporation, Plaintiff, and David McMullan, Intervenor-Plaintiff-Appellant v. James M. HAY, et al., and William Scheifler, et al, Intervenors-Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied September 21, 1981.

Application to Transfer Denied November 10, 1981.

Attorney(s) appearing for the Case

Thurman, Nixon, Smith, Howald, Weber & Bowles by John W. Howald, Jeremiah Nixon, Hillsboro, for Lake Wauwanoka, Inc.

William Stix, Clayton, for intervenors-defendants-respondents Harriman, et al.

J. Kehlor Carr, House Springs, for intervenors-defendants-respondents Scheifler, et al.

James L. McHugh, St. Louis, for David A. McMullan, intervenor-plaintiff-appellant.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 21, 1981.

SATZ, Presiding Judge.

This case is a consolidation of two appeals. One appeal was perfected by appellant Lake Wauwanoka, Inc. (Wauwanoka) which, as plaintiff below, filed a class action against certain named defendants as representatives of the class of lake development lot owners and requested the court to change an indenture covenant defining the assessment which may be levied...

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