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CITY OF CAPE GIRARDEAU v. FRANK

Nos. 42427, 42428.

637 S.W.2d 786 (1982)

CITY OF CAPE GIRARDEAU, a Municipal Corporation, Appellant, v. John E. FRANK and Louise M. Frank, et al., Respondents. CITY OF CAPE GIRARDEAU, a Municipal Corporation, Appellant, v. Jesse C. RUTHERFORD, et al., Respondents.

Missouri Court of Appeals, Eastern District, Division Four.

August 4, 1982.

Attorney(s) appearing for the Case

Stephen Limbaugh, Robert Fick, City Atty., Cape Girardeau, for appellant.

William Rader, R. Howard Dillard, Cape Girardeau, Kenneth Waldron, Jackson, James R. Robison, Sikeston, for respondents.

PUDLOWSKI, Judge.

The City of Cape Girardeau instituted two declaratory judgment actions pursuant to § 71.015 RSMo (1969) (commonly referred to as the Sawyers Act), to annex two unincorporated tracts of land in Cape Girardeau County. The two actions were consolidated for joint hearing but separate determination. The trial court entered judgment against the City on both cases. The City appeals both judgments. On appeal the cases were consolidated for the purpose...

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