BARKER v. LEGGETT

No. 422.

102 F.Supp. 642 (1951)

BARKER v. LEGGETT et al.

United States District Court W. D. Missouri, Central Division.

September 5, 1951.


Attorney(s) appearing for the Case

Walter A. Raymond, Kansas City, Mo., Wm. H. Becker, Robert L. Howard, Columbia, Mo., for plaintiff.

John H. Taylor, Atty. Gen. of Missouri, Harry H. Kay, Asst. Atty. Gen. of Missouri, for defendants.

Before COLLET, Circuit Judge, and DUNCAN, and RIDGE, District Judges.


PER CURIAM.

On three occasions, the Supreme Court of the State of Missouri, construing statutes of that State, has ruled that plaintiff, his associates, and others who were claiming attorneys' fees and expenses to be a lien upon, and payable out of, the insurance restitution fund referred to in the complaint, had no lien thereon and were not entitled to be paid out of such fund.

In Aetna Insurance Co. v. O'Malley, 1938, 343 Mo. 1232, 124 S.W.2d 1164, 1168...

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