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LEISTNER v. POWELL

No. 53276.

748 S.W.2d 822 (1988)

Marilyn LEISTNER, Trustee of the Disincorporated City of Times Beach, Mo., Plaintiff-Respondent, v. Roy POWELL and Genevieve Powell, Defendants-Appellants.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Denied April 6, 1988.

Application to Transfer Denied May 17, 1988.

Attorney(s) appearing for the Case

J.B. Carter, Kirkwood, for defendants-appellants.

Jane Adams-Nangle, Susan Nell Rowe, St. Louis, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 6, 1988.

REINHARD, Judge.

Roy and Genevieve Powell appeal from an order of the trial court dismissing their exceptions to a commissioners' award in a condemnation proceeding.

Plaintiff is the trustee of the disincorporated City of Times Beach, Missouri. As trustee, she is empowered to condemn property as required on behalf of the disincorporated city because the release of a hazardous...

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