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JOHNSON v. RIVERLAND LEVEE DIST.

No. 11797.

117 F.2d 711 (1941)

JOHNSON et al. v. RIVERLAND LEVEE DIST. et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 12, 1941.

Attorney(s) appearing for the Case

Staunton E. Boudreau, of St. Louis, Mo. (Leigh M. Kagy, of East St. Louis, Ill., Ezra T. Fuller, and Mahan & Fuller, all of Hannibal, Mo., Baker, Lesemann, Kagy & Wagner, of East St. Louis, Ill., and Mr. Thomas J. Noonan, of St. Louis, Mo., on the brief), for appellants.

Charles E. Rendlen, of Hannibal, Mo. (F. D. Wilkins, of Louisiana, Mo., and Rendlen, White & Rendlen, of Hannibal, Mo., on the brief), for appellees Riverland Levee Dist. and others.

Harry Carstarphen, of Hannibal, Mo. (E. H. Henning, of Monmouth, Ill., on the brief), for appellee Illinois Bankers Life Assur. Co.

Before STONE, GARDNER, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal by the plaintiffs and the intervener-plaintiffs (1) from a final judgment upon the pleadings and (2) from orders sustaining three separate motions to quash summons and service of process on certain absent defendants. In this opinion the parties will be referred to as plaintiffs and defendants.

The plaintiffs say that fundamentally the suit is one for the declaration of trusts and the adjudication and enforcement of...

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