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BAKER v. BIANCAVILLA

Nos. WD 53416, WD 53473.

961 S.W.2d 123 (1998)

Elizabeth Diane BAKER, Appellant/Respondent, v. BIANCAVILLA, Francesco and Linda, Respondent/Appellant.

Missouri Court of Appeals, Western District.

February 10, 1998.

Attorney(s) appearing for the Case

James W. Fletcher, Kansas City, for Appellant-Respondent.

David V. Kenner, Kansas City, for Respondent-Appellant.

Before ULRICH, C.J, and SPINDEN and HOWARD, JJ.

ULRICH, Chief Judge.

Elizabeth Baker appeals the trial court's dismissal of her petition for injunctive relief against Francesco and Linda Biancavilla. Ms. Baker sought to enjoin the Biancavillas from installing a tile roof on the home they were constructing in violation of Article VII, Section 9 of the recorded restrictions governing the subdivision. The Biancavillas appeal the trial court's failure to award them their attorney's fees incurred in defending the action...

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