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KISSINGER PRIVATE LEVEE SYSTEM v. MACKEY

No. 46913.

661 S.W.2d 85 (1983)

KISSINGER PRIVATE LEVEE SYSTEM, et al., Respondents, v. Marion MACKEY, et al., Appellants.

Missouri Court of Appeals, Eastern District, Division Two.

November 22, 1983.

Attorney(s) appearing for the Case

John M. McIlroy, Sr., David H. Ash, Bowling Green, for appellants.

Philip G. Smith, Louisiana, Victor J. Klutho, St. Louis, Philip Schaper, Jr., Bowling Green, Branham Rendlen, Browne & Rendlen, Hannibal, for respondents.

CRIST, Presiding Judge.

In 1916, respondents (plaintiffs) constructed a levee protecting their farm land in Pike County, Missouri, from floods. In 1978, appellants (defendants) began construction of a levee to protect their adjacent farm lands. Defendants' levee was designed to connect with the north side of plaintiffs' existing levee. Plaintiff sought to enjoin defendants from attaching their planned levee to the existing levee.

A temporary restraining order...

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