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BANYAN CONST. v. UNION ELEC.

No. 61377.

840 S.W.2d 298 (1992)

BANYAN CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. UNION ELECTRIC COMPANY, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

November 10, 1992.

Attorney(s) appearing for the Case

Curtis, Oetting, Heinz, Garrett & Soule, P.C., Carl J. Lumley, Clayton, for plaintiff-appellant.

Armstrong, Teasdale, Schlafly & Davis, Theodore H. Hellmuth, Ann E. Buckley, St. Louis, for defendant-respondent.

PUDLOWSKI, Judge.

Appellant Banyan Construction Company built a duplex that encroached on Respondent Union Electric Company's transmission line easement. Banyan appeals the trial court's grant of Union Electric's motion for summary judgment. We affirm.

Banyan initially acquired the original parcel of real estate in St. Louis County in March 1987, and constructed thereon a sixteen unit townhome development known as Banyan Townhomes. Union Electric owned a nearby...

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