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GUTENSOHN v. KANSAS CITY SOUTHERN RY. CO.

No. 12679.

140 F.2d 950 (1944)

GUTENSOHN et al. v. KANSAS CITY SOUTHERN RY. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

February 23, 1944.

Attorney(s) appearing for the Case

Hugh M. Bland, of Fort Smith, Ark., for appellants.

Ray Bond, of Joplin, Mo. (F. H. Moore, W. E. Davis, and C. H. Rimann, Jr., all of Kansas City, Mo., on the brief), for appellee Kansas City Southern Ry. Co.

John H. Flanigan, of Carthage, Mo. (Thomas J. Cole, of St. Louis, Mo., and McReynolds & Flanigan, of Carthage, Mo., on the brief), for appellee Guy A. Thompson, trustee of Missouri Pacific R. Co.

Before THOMAS and JOHNSEN, Circuit Judges, and OTIS, District Judge.

OTIS, District Judge.

Sixty-eight individuals, plaintiffs below, appellants here, who had been employees of the Fort Smith & Western Railway Company and thereafter of the receiver of that company, brought action in a state court under the Missouri Act (R.S.Mo. 1939, Art. XIV, Secs. 1126-1140, Mo.R. S.A.) praying a declaration that each was entitled to a judgment against The Kansas City Southern Railway Company and the trustee of Missouri Pacific Railroad Company...

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