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PAGE v. METROPOLITAN ST. LOUIS SEWER DISTRICT

No. 50104.

377 S.W.2d 348 (1964)

Chester PAGE and Frances Page, His Wife, Appellants, v. The METROPOLITAN ST. LOUIS SEWER DISTRICT, a Municipal Corporation and Political Subdivision, Respondent.

Supreme Court of Missouri, Division No. 1.

April 13, 1964.

Attorney(s) appearing for the Case

Librach, Heller, Byrne & Weber, William P. Byrne, St. Louis, for appellants.

Thompson, Mitchell, Douglas & Neill, James M. Douglas, David F. Ulmer, St. Louis, for respondent, The Metropolitan St. Louis Sewer Dist.

HOUSER, Commissioner.

This is an appeal from the judgment of the Circuit Court of the City of St. Louis sustaining the motion of Metropolitan St. Louis Sewer District, hereinafter "MSD," to dismiss and dismissing the following petition filed against MSD by Chester and Frances Page:

"SECOND AMENDED PETITION FOR MANDATORY INJUNCTION.

"COUNT I.

"Plaintiffs, for Count I of their cause of action, state:

"1. That they are husband and...

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