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BARKER v. CITY OF SPRINGFIELD

No. SD 31004.

403 S.W.3d 600 (2011)

Harvey Duane BARKER, Trustee under the Joint Revocable Trust Agreement of Harvey Duane Barker and Rose Marie Barker, dated December 15, 1993, and Paul G. Nahon, Sr., and Sharon A. Nahon, Husband and Wife, Farris Nahon, Jr., and Nancy Nahon, Husband and Wife, and Paul G. Nahon, Trustee under Paul G. Nahon Revocable Living Trust Agreement, dated December 4, 1969, Plaintiffs-Respondents, v. CITY OF SPRINGFIELD, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Order Denying Rehearing and Remand November 8, 2011.

Attorney(s) appearing for the Case

Nancy Y. Yendes and Marianne Landers Banks , Assistant City Attorneys, Springfield, MO, for Appellant.

Patrick J. Platter , Neale & Newman, L.L.P., and James E. Miller , The Law Offices of James E. Miller, Springfield, MO, for Respondents.

GARY W. LYNCH, Judge.

The City of Springfield ("City") appeals a declaratory judgment in favor of Harvey Duane Barker, as Trustee under the Joint Revocable Trust Agreement of Harvey Duane Barker and Rose Marie Barker, dated December 15, 1993 (the "Barker Trust"); Paul G. Nahon, Sr., and Sharon Nahon, husband and wife; Farris Nahon, Jr., and Nancy Nahon, husband and wife; and Paul G. Nahon, as Trustee under Paul G. Nahon Revocable Living Trust Agreement, dated December...

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