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STANDARD BRANDS v. BATEMAN

No. 14106.

184 F.2d 1002 (1950)

STANDARD BRANDS, Inc. v. BATEMAN et al.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 5, 1950.

Attorney(s) appearing for the Case

Albert Thomson, Kansas City, Mo. (Johnson, Davis, Thomson, Van Dyke & Fairchild, Kansas City, Mo., on the brief), for appellant.

John W. Hudson, Kansas City, Mo. (Harold J. Toner, Kansas City, Mo., and John E. Honsinger, Kansas City, Mo., on the brief), for appellees J. F. Bateman, J. W. Galbrath, E. J. Davis, James H. Moore and C. H. Benbon, Statutory Trustees for Batemore, Inc., a dissolved Corporation.

Paul C. Sprinkle, Kansas City, Mo. (Sprinkle, Knowles & Carter, Kansas City, Mo., Oliver J. Miller, and Lashly, Lashly, Miller & Clifford, St. Louis, Mo., on the brief), for appellee Midwest Refrigeration, Inc.

Before GARDNER, Chief Judge, THOMAS, Circuit Judge, and DEWEY, District Judge.

THOMAS, Circuit Judge.

This appeal from a judgment entered in favor of plaintiff and against defendant in fact involves two dependent cases for consideration — one ancillary to the other. They involve, first, the liability of the defendant to the plaintiff in the principal case, and, second, the liability of third party defendant to third party plaintiff in the ancillary case.

Prior to December 12, 1945, Standard...

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