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STATE EX REL. CARTER COUNTY v. PENNINGTON

No. 14482.

720 S.W.2d 779 (1986)

STATE of Missouri, ex rel. CARTER COUNTY, Plaintiff-Respondent, v. Daniel PENNINGTON, et al., Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

December 2, 1986.

Attorney(s) appearing for the Case

David G. Neal, Eminence, for defendants-appellants.

Bradshaw Smith, Van Buren, for plaintiff-respondent.

MAUS, Judge.

The defendants placed gates across a rural road where it entered and left their property of 782 acres. The road has been known by various names, such as County Road No. 11, Pike Creek Road, Five-Mile Road and the Pennington Road. The trial court found that road to be a public road and enjoined the defendants from interfering with its use.

On appeal, the defendants first contend the action was improperly brought in the name of Carter County rather...

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