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THOMPSON v. BALTIMORE & O. R. CO.

No. 13129.

155 F.2d 767 (1946)

THOMPSON et al. v. BALTIMORE & O. R. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied July 26, 1946.

Attorney(s) appearing for the Case

M. G. Roberts and H. H. Larimore, both of St. Louis, Mo. (B. F. Batts and S. G. Ray, both of St. Louis, Mo., on the brief), for appellants.

Douglas F. Smith, of Chicago, Ill. (Kenneth F. Burgess and Robert A. Sprecher, both of Chicago, Ill., Wilton D. Chapman and E. C. Hartman, both of St. Louis, Mo., George C. Doering, of Baltimore, Md., Thomas P. Healy, of New York City, Guernsey Orcutt, of Philadelphia, Pa., and Sidley, Austin, Burgess & Harper, of Chicago, Ill., on the brief), for appellees.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is an action brought by the appellants for a declaratory judgment under § 274d of the Judicial Code, 28 U.S.C.A. § 400, and for an injunction. The defendants answered denying the claims of plaintiffs but praying also for a declaratory judgment and for an injunction. The pleadings and briefs present the two sides of a controversy of several years standing. The trial court denied plaintiffs' petition and granted the relief demanded...

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