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SHERWOOD ESTATES HOMES ASS'N v. SCHMIDT

No. KCD 30377.

592 S.W.2d 244 (1979)

SHERWOOD ESTATES HOMES ASSOCIATION, INC., Appellant, v. Delbert L. SCHMIDT and Anna Schmidt, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 31, 1979.

Application to Transfer Denied February 11, 1980.

Attorney(s) appearing for the Case

Michael P. Keleher, Duggan, Keleher & Svetlic, Kansas City, for appellant.

Robert G. Duncan, Duncan, Russell & Reardon, Gladstone, for respondents.

Before SOMERVILLE, P. J., and PRITCHARD and MANFORD, JJ.

SOMERVILLE, Presiding Judge.

This case is presented on appeal via an agreed "statement of the case" pursuant to Rule 81.13.

The plaintiff below, Sherwood Estates Homes Association, Inc. (hereinafter Association), by way of a two count petition, sought to enjoin defendants below, Delbert L. Schmidt and Anna Schmidt (hereinafter Schmidts), from violating two restrictive covenants running with the land appertaining to certain real property owned by them

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