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FARLEY v. WAPPAPELLO FOODS, INC.

No. 21372.

959 S.W.2d 888 (1997)

John FARLEY and Rebecca Farley, Respondents, v. WAPPAPELLO FOODS, INC., Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer to Denied December 30, 1997.

Application for Transfer Denied February 24, 1998.

Attorney(s) appearing for the Case

Albert C. Lowes, Lowes & Drusch, Cape Girardeau, for Appellant.

Robert L. Smith, Smith & Miller, Poplar Bluff, for Respondents.

Motion for Rehearing or Transfer to Supreme Court Denied December 30, 1997.

CROW, Judge.

This lawsuit is about surface water.

Plaintiffs, John Farley and Rebecca Farley, own a tract of land. They reside in a house on the tract.

Defendant, Wappapello Foods, Inc., owns a tract of land adjacent to Plaintiffs' tract. Defendant's tract "slopes down" toward Plaintiffs' tract.

Prior to 1990, Defendant's tract was undeveloped. Surface water...

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