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WALL USA, INC. v. CITY OF BALLWIN

Nos. ED 79366, ED 79401.

53 S.W.3d 168 (2001)

WALL USA, INC., Plaintiff/Appellant, and Bi-State Development Agency of the Missouri-Illinois Metropolitan District, Intervenor/Appellant, v. CITY OF BALLWIN, Missouri and City of Sunset Hills, Missouri, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division Seven.

Motion for Rehearing and/or Transfer Denied August 9, 2001.

Application for Transfer Denied September 25, 2001.

Attorney(s) appearing for the Case

Stephen J. O'Brien, for Wall USA.

Lawrence C. Friedman & Matthew S. Darrough, St. Louis, MO, for Bi-State.

Lionel L. Lucchesi & Philip B. Polster, St. Louis, MO, for Respondent City of Ballwin.

Robert E. Jones, Clayton, MO, for Respondent City of Sunset Hills.

W. Dudley McCarter, Clayton, MO., for Amicus Curiae—Missouri & St. Louis County Municipal League.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 9, 2001.

CRANDALL, Judge.

Plaintiff, Wall USA, Inc., and intervenor, Bi-State Development Agency of the Missouri-Illinois Metropolitan District, brought separate appeals from the trial court's judgments in favor of defendant, City of Ballwin, Missouri, and in favor of defendant, City of Sunset Hills, Missouri, entered on multiple motions for summary judgment in a declaratory judgment action...

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