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EPPENBERGER v. METROPOLITAN ST. LOUIS SEWER

No. ED 95446.

344 S.W.3d 226 (2011)

Fred EPPENBERGER, Maxine Smith and William Bain, individually and on behalf of others similarly situated, Plaintiffs/Appellants, v. METROPOLITAN ST. LOUIS SEWER DISTRICT, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 2, 2011.

Application for Transfer Denied August 30, 2011.

Attorney(s) appearing for the Case

John Campbell , Erich V. Vieth , David R. Dubin , St. Louis, MO, For Plaintiffs/Appellants.

Mary C. Bonacorsi , Pamela J. Meanes , St. Louis, MO, For Defendant/Respondent.

GEORGE W. DRAPER III, Judge.

Fred Eppenberger, Maxine Smith, and William Bain (hereinafter and collectively, "Homeowner") brought suit against Metropolitan Saint Louis Sewer District (hereinafter, "MSD") for a known dangerous condition of the River des Peres and inverse condemnation in connection with the flooding of their homes. MSD filed a motion for summary judgment which was granted by the trial court. Homeowner brings...

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