MIDLAND TRUCK LINES v. ATWOOD

No. 42353.

241 S.W.2d 903 (1951)

MIDLAND TRUCK LINES, Inc. v. ATWOOD.

Supreme Court of Missouri, Division No. 2.

On Motion to Clarify September 10, 1951.


Attorney(s) appearing for the Case

Henry B. Pflager and Orr, Pflager, Foulis & Andreas, all of St. Louis, for appellant.

Cobbs, Logan, Armstrong, Teasdale & Roos, Kenneth Teasdale, William H. Armstrong, and C. E. Dapron, Jr., all of St. Louis, Kemp, Koontz, Clagett & Norquist, Paul G. Koontz, Elliot Norquist and Thomas J. Wheatley, all of Kansas City, for respondent.


WESTHUES, Commissioner.

This suit was filed pursuant to the Declaratory Judgment Act, Chapter 527, Mo. R.S. 1949, Sections 527.010 to 527.140, inclusive.

The plaintiff corporation on August 1, 1949, by a vote of owners of more than 75% of common stock authorized an increase of its capital stock by the issuance of 500 shares of 5% preferred stock of a par value of $100 per share.

The defendant George B. Atwood owned 25 shares of common stock. He objected...

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