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ROGERS v. STANEC

No. 69362.

927 S.W.2d 422 (1996)

Gary F. ROGERS, et al., Plaintiffs/Appellants, v. Vincent F. STANEC, Jr., et al., Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied July 24, 1996.

Application to Transfer Denied September 17, 1996.

Attorney(s) appearing for the Case

William J. Travis, Greensfelder, Hemker & Gale, P.C., St. Louis, for appellants.

Merle L. Silverstein, Rosenblum, Goldenhersh, Silverstein & Zafft, Clayton, for respondents.

Thomas Hartmann, St. Louis, for respondent Southwestern Bell Tel. Co.

W. James Nabholz, Clayton, for respondent James MacDonnell.

Anthony E. Cassimatis, St. Louis, for respondent St. Louis Metropolitan Sewer Dist.

Claiborne P. Handleman, St. Louis, for respondent Union Elec.

Mark D. Pasewark, St. Louis, for respondents Charles and June Gallagher.

John King, St. Louis, for respondents Jeffrey and Ann Martin.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 24, 1996.

GARY M. GAERTNER, Judge.

Gary F. Rogers, et al. ("Plaintiffs"), appeal the judgment entered in St. Louis County Circuit Court dismissing Count I of their Second Amended Petition, an action to vacate part of a private road. We affirm in part and reverse and remand in part.

Sellenrick Road is a private road in the City of Town and Country which abuts the subdivisions of Essex...

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