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BRADLEY v. BROWNING-FERRIS INDUSTRIES, INC.

No. WD 40945.

779 S.W.2d 760 (1989)

Robert R. BRADLEY, et al., Plaintiffs, v. BROWNING-FERRIS INDUSTRIES, INC., et al., Respondents, and Lincoln Brothers Land, Inc., Appellant.

Missouri Court of Appeals, Western District.

November 14, 1989.

Attorney(s) appearing for the Case

Bruce G. Heavner, G. Edwin Proctor, Jr., Kansas City, for appellant.

William G. Beck, Sue M. Honegger, Kansas City, for respondents.

Before LOWENSTEIN, P.J., and KENNEDY and GAITAN, JJ.

LOWENSTEIN, Presiding Judge.

The ultimate issue tried here was whether, pursuant to a contract, the operator of a landfill, the respondent, had a right to take dirt from the appellant landowner's property adjoining the plot used for the dumpsite.

This is a cross-claim which arose from the filing of a suit in 1983 by surrounding landowners against both appellant Lincoln Brothers (Lincoln) and respondents Browning-Ferris Industries, et al., (BFI). The surrounding...

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