HUTSON v. LONG BELL LUMBER CO.

Nos. 1832, 1841.

1 F.Supp. 468 (1932)

HUTSON v. LONG BELL LUMBER CO. et al. CARSON v. SAME.

District Court, W. D. Missouri, W. D.

October 15, 1932.


Attorney(s) appearing for the Case

John S. Leahy and Walter H. Saunders (of Leahy, Saunders & Walthers), both of St. Louis, Mo., and Floyd E. Jacobs, and M. J. Henderson (of Jacobs & Henderson), John T. Barker, Charles P. Woodbury, Phineas Rosenberg, David M. Proctor, and Charles C. Madison, all of Kansas City, Mo., for complainants.

Jesse Andrews, R. R. Brewster, Cornelius E. Lombardi, Flavel Robertson, and David E. McLean, all of Kansas City, Mo., for defendants.


OTIS, District Judge.

In the answer filed in each of these consolidated cases is contained the following paragraph: "For a further, separate and distinct defense in point of law arising upon the face of the said amended bill of complaint herein, these defendants say that the facts alleged in said amended bill of complaint are insufficient to constitute a valid cause of action in equity."

The issue thus made, considered as equivalent to a motion to dismiss...

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