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NIEBERG REAL ESTATE v. TAYLOR-MORLEY-SIMON

No. 62469.

867 S.W.2d 618 (1993)

MARVIN E. NIEBERG REAL ESTATE CO., Plaintiff/Appellant, v. TAYLOR-MORLEY-SIMON, INC., A Missouri Corporation, Benton Taylor, John Reinhart, Trustee, Mary Walter, Trustee, and Desmond Vig, Trustee, Being All of the Trustees Constituting the Board of Trustees of Sherwood Manor Plats 1 & 2 of Bennington Place, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied December 16, 1993.

Application to Transfer Denied January 25, 1994.

Attorney(s) appearing for the Case

Donald S. Singer, Kenneth E. Dick, Edwards, Singer & Wolk, St. Louis, for plaintiff/appellant.

Michael Waxenberg, Susman, Schermer, Rimmel & Shifrin, Clayton, for defendants/respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 16, 1993.

CRANE, Presiding Judge.

Plaintiff, a subdivision developer, appeals a judgment in favor of defendants, the adjoining subdivision developer and the former and current homeowners' association directors thereof, on plaintiff's claims for damages for obstruction of an easement and trespass and on defendants' counterclaim for an injunction and for equitable contribution towards maintenance...

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