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SKINNER v. HENDERSON

No. 37365.

556 S.W.2d 730 (1977)

George W. SKINNER, President, Fred A. Hermann, Jr., George P. Budke, E. Lawrence Keyes, Jr., Rueben M. Morriss, III, Secretary-Treasurer, Individually and as Trustees of Briarcliff Subdivision, Plaintiffs-Respondents, v. Leonard H. HENDERSON and Beulah C. Henderson, his wife, and Dr. Marvin Rosecan and Mary Jo Rosecan, his wife, Defendants-Appellants.

Missouri Court of Appeals, St. Louis District, Division Two.

September 27, 1977.

Attorney(s) appearing for the Case

Robert F. Ritter, Gray & Ritter, Thomas C. Devoto, St. Louis, for defendants-appellants.

John J. Cole, Armstrong, Teasdale, Kramer & Vaughn, St. Louis, for plaintiffs-respondents.

STEWART, Judge.

This is a civil action in equity initiated by plaintiffs, individually and as Trustees of Briarcliff Subdivision to permanently enjoin defendants from erecting, occupying, using and maintaining a certain swimming pool enclosure, and further to enjoin defendants from erecting any swimming pool enclosure without prior written approval of the trustees in violation of the subdivision trust indenture. The trial...

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