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WALLACE v. SNIDER

Nos. 25839, 26000.

134 S.W.3d 118 (2004)

Jack WALLACE, Plaintiff-Appellant, v. Jack SNIDER, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

May 21, 2004.

Attorney(s) appearing for the Case

Paul F. Sherman, Daniel, Powell & Kiefer, LLC, Springfield, for appellant.

John R. Lightner, J. Matthew Miller, Baird, Lightner, Millsap & Kollar Springfield, for respondent.

KENNETH W. SHRUM, Judge.

This is a suit in equity by Jack Wallace ("Plaintiff") seeking to enjoin Jack Snider ("Defendant") from interfering with Plaintiff's use of an alleged road easement across Defendant's land. After an evidentiary hearing, the court issued a preliminary injunction as requested by Plaintiff. Thereon, Defendant moved for dismissal of Plaintiff's petition on the theory that Plaintiff lacked standing to bring the suit. The motion to dismiss was prompted...

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