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AMISH v. WALNUT CREEK DEVELOPMENT, INC.

No. WD 31952.

631 S.W.2d 866 (1982)

Paul AMISH, Hughey F. Donnell and Sue J. Donnell, Bette Hays, Glen Hays, Ruth L. Kester and Warren W. Kester, Janice C. Lawrence and Nelson Lawrence, Thomas J. Lukomske, Harold Schiable and Vivian Schiable and Kathleen A. Van Dee and Larry Van Dee, Respondents-Appellants, v. WALNUT CREEK DEVELOPMENT, INC., Appellant-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 30, 1982.

Applications to Transfer Denied May 17, 1982.

Attorney(s) appearing for the Case

Howard E. Bodney, Kansas City, for respondents-appellants.

Albert Thomson, Daniel J. Flanigan, Kansas City, for appellant-respondent.

Before SHANGLER, Acting P. J., and WASSERSTROM and CLARK, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 30, 1982.

CLARK, Judge.

This is an action by residential property owners who suffered water damage to their homes and personal property when a lake and the stream above it overflowed their banks. The claims contended that the dam constructed by defendant to form the lake was negligently designed and maintained and that the flooding of their properties was attributable to these defects. A jury...

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