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GARDNER v. SCHAFFER

No. 11957.

120 F.2d 840 (1941)

GARDNER et al. v. SCHAFFER et al. In re G. A. GANTZ & CO.

Circuit Court of Appeals, Eighth Circuit.

June 25, 1941.

Attorney(s) appearing for the Case

Crawford Johnson, of St. Louis, Mo. (Bryan, Williams, Cave & McPheeters, of St. Louis, Mo., on the brief), for appellants.

Edward W. Tobin, of St. Louis, Mo., for appellee Henry C. Hughes, trustee in bankruptcy of G. A. Gantz & Company.

Roscoe Anderson, W. R. Gilbert, and Anderson, Gilbert, Wolfort, Allen & Bierman, all of St. Louis, Mo., for appellee A. H. Schaffer.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

PER CURIAM.

The appellants brought this action to compel the appellees, who are alleged to be rival claimants to money or securities in appellants' possession, to interplead. Each of the appellees moved to dismiss the appellants' complaint for want of jurisdiction and for failure to state a claim upon which relief could be granted. The motions were granted, and from the ensuing judgment of dismissal, this appeal was taken. The parties will be referred to as plaintiffs...

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