BUDER v. FISKE

No. 13595.

177 F.2d 907 (1949)

BUDER et al. v. FISKE et al.

United States Court of Appeals Eighth Circuit.

December 5, 1949.


Attorney(s) appearing for the Case

Harry C. Blanton, Sekeston, Mo., (G. A. Buder, Jr., St. Louis, Mo., was with him on the brief), for appellants.

Jesse T. Friday, St. Louis, Mo., (E. J. Doerner, Tulsa, Okl., was with him on the brief), for appellees Johanna F. Fiske, Amanda F. Wheeler, Otto B. Franz, Henrietta A. Holdoway, Adelaide M. Zimmerman and Ehrhardt W. Franz.

Samuel H. Liberman, St. Louis, Mo., for appellees Mississippi Valley Trust Company, administrator c. t. a. of the estates of Ernst H. Franz and Walter G. Franz.

Before SANBORN, JOHNSEN, and STONE, Circuit Judges.


PER CURIAM.

Appellants have attacked our opinion upon the merits and the conclusions therein respecting the issues of Stock Rights, Advancements, and Participation of the 3 1/3 Interests. The contentions about the Stock Rights and the Participation are denied.

The contention that the Advancements, with interest as allowed, are not proper surcharges against the trustees is denied. In connection with this item there exists, however, a situation which requires...

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