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CITY OF GAINESVILLE v. MORRISON FERTILIZER

No. 26194.

158 S.W.3d 872 (2005)

CITY OF GAINESVILLE, Missouri, a municipal corporation, Plaintiff-Respondent, v. MORRISON FERTILIZER, INC., a Missouri corporation, Defendant, Lawrence A. Freeman and Mary C. Freeman, husband and wife, Russell Biby and Linda Biby, husband and wife, Defendants-Appellants, and Robert L. Merrell and Dot Aleene Merrell, husband and wife, Defendants.

Missouri Court of Appeals, Southern District, Division Two.

March 30, 2005.

Attorney(s) appearing for the Case

Jacob Y. Garrett, West Plains, MO, for appellants Freeman and Biby.

John W. Bruffett, Ava, MO, respondent's attorney.

No brief filed by respondent City of Gainesville.

JEFFREY W. BATES, Chief Judge.

In April 1998, the City of Gainesville, Missouri ("City"), filed a petition to quiet title in the Circuit Court of Ozark County, Missouri. The defendants in the action were Morrison Fertilizer, Inc.; Robert and Dot Merrell; Lawrence and Mary Freeman; and Russell and Linda Biby. The petition requested that title to four parcels of real property adjoining the City's airport be quieted in the City. Defendants were alleged to be the record...

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