STATE v. AMERICAN TELEPHONE & TELEGRAPH COMPANY

No. 29262.

280 S.W.2d 134 (1955)

STATE of Missouri ex rel. The TOWN OF OLIVETTE, a Municipal Corporation; Ray G. Mills, Clarence A. Miller, Milton Lief, Charles H. Spoehrer and Thomas A. Grady, Constituting the Board of Trustees of the Town of Olivette; Walter Brockman, Elmer Brockman, Ewald Jacob, Ferquson B. Geers, John Heger, E. W. Baker and Carl Mueller (Plaintiffs) Respondents, v. AMERICAN TELEPHONE and TELEGRAPH COMPANY, a Corporation; Thomas Dunne, Jas. H. J. McNary, Eugene Buechier, Jas. A. Singer, Frank A. Martini, Harold L. Carey and Charles R. Skow, Constituting the St. Louis County Council; Frank C. Roe, Director of Public Works, St. Louis County, and Luman F. Matthews, County Supervisor of the County of St. Louis (Defendants), Appellants.

St. Louis Court of Appeals. Missouri.

Motions for Rehearing Denied June 29, 1955.


Attorney(s) appearing for the Case

Fred M. Joseph, Chaim H. Zimbalist, Clayton, Peter C. Elvis, Kansas City, for appellant American Tel. & Tel. Co.

John J. McAtee, Clayton, St. Louis County Counselor, Herbert C. Funke, Maplewood, Assistant County Counselor, for appellants Thomas Dunne et al.

Carroll J. Donohue, Robert O. Hetlage, Salkey & Jones, St. Louis, for respondents.


Motions for Rehearing and Motion for Transfer to Supreme Court Denied June 29, 1955.

WOLFE, Commissioner.

This action was instituted by the Town of Olivette, its board of trustees, and seven property owners to enjoin the American Telephone and Telegraph Company from erecting a radio telephone relay tower. The proposed tower was to be erected on property abutting the boundary of the town and near property belonging to the individual plaintiffs who joined the...

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