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CUMMINGS v. MISSOURI PACIFIC RAILROAD CO.

No. WD 38628.

732 S.W.2d 266 (1987)

Everett CUMMINGS and Doris Cummings and Clifford Cummings and Francile Cummings, Plaintiffs-Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Respondent.

Missouri Court of Appeals, Western District.

July 7, 1987.

Attorney(s) appearing for the Case

Harold Kyser, Butler, for plaintiffs-appellants.

Richard L. Martin, Kansas City, for defendant-respondent.

Before BERREY, P.J., and KENNEDY and MANFORD, JJ.

ORDER

PER CURIAM:

The plaintiffs, the Cummings, appeal a judgment for defendant, Missouri Pacific Railroad Company, in an action seeking a mandatory injunction requiring the railroad to open and maintain a ditch near its railroad right of way and for damages for the erosion of plaintiffs' property due to the railroad's alleged failure to comply with the requirements of § 389.660 RSMo 1986. The judgment has been affirmed per curiam, pursuant to...

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