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BEATTY v. ST. LOUIS SEWER DIST.

No. 77985.

914 S.W.2d 791 (1995)

Richard BEATTY, et al., Plaintiffs/Respondents, v. METROPOLITAN ST. LOUIS SEWER DISTRICT, Defendant/Appellant.

Supreme Court of Missouri, En Banc.

Order Denying Rehearing February 20, 1996.

Attorney(s) appearing for the Case

Alan C. Kohn, James M. Byrne, Robert H. Grant, and Jeffrey J. Kramer, St. Louis, for Appellant.

Lewis C. Green, Bruce A. Morrison, and Kathleen G. Henry, St. Louis, for Respondents.

David J. Newburger, Lewis Mills, Robert C. Johnson, and Arthur L. Smith, St. Louis, for amici curiae.

PRICE, Judge.

In Beatty v. Metropolitan St. Louis Sewer District, 867 S.W.2d 217, 221 (Mo. banc 1993) (Beatty II), this Court declared that a rate increase by the Metropolitan St. Louis Sewer District ("MSD") violated article X, § 22(a) of the Missouri Constitution. On remand, the St. Louis County Circuit Court, for the first time, found that the suit was brought by the three individual plaintiffs as a "representative...

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