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DRYBREAD v. CITY OF ST. LOUIS

No. 41661.

634 S.W.2d 519 (1982)

Samuel DRYBREAD; Herman Bluestone; William B. Busche, Sr. and Bernice Busche, his wife; Ezra C. Cate; Norman B. Cheek and Ora M. Cheek, his wife; John D. Coleman and Reba M. Coleman, his wife; Mary J. Deming; Kimberly Sue Drybread Smith; Richard Duly and Ella M. Duly, his wife; Lorraine Hanaway and Charraine Hanaway; Hattie Harmon; William F. Harmon and Mrs. William F. Harmon, his wife; Roy M. Hawley, Jr.,; Leona Howell; Marie Hassell; Roland E. Hull and Lilly Hull, his wife; Henry P. Jacoby and Elbie Jacoby, his wife; Raymond Jurkiewicz; James C. Larkin and Donna J. Larkin, his wife; Laurinda Mann; Kurt Meyerpeter and Deborah Meyerpeter, his wife; Thomas Mullen and Marian Mullen, his wife; Earl G. Powell; Anna Mae Purl; Dorothy J. Reilly; Roger Ridlen and Glenda S. Ridlen, his wife; Clifford J. Smith and Carol A. Smith, his wife; Arnold Stone, Jr. and Ima Jean Stone, his wife; Diana Stroud; Russell Williamson and Georgia Williamson, his wife, Plaintiffs, Glen Hartog and Geraldine Hartog, his wife; Richard Hendrixson and Mrs. Richard Hendrixson, his wife; Tom Schoen and Phyllis Schoen, his wife, Intervenors, v. CITY OF ST. LOUIS and St. Louis City Airport Commission, Defendants.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied May 14, 1982.

Application to Transfer Denied July 12, 1982.

Attorney(s) appearing for the Case

J. B. Carter, Clayton, for plaintiffs.

Eugene P. Freeman, Deputy City Counselor, St. Louis, for defendants.

SMITH, Presiding Judge.

Plaintiffs appeal from the orders of the trial court dismissing Counts I and II of their three-count petition. The trial court designated those orders as final for purposes of appeal. Rule 81.06.

Plaintiffs were, at the time the action was instituted, residents and landowners in a subdivision in close proximity to Lambert-St. Louis International Airport. The airport is owned by defendant City of St. Louis and operated by it through...

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