ST. LOUIS SOUTHWESTERN RAILWAY CO. v. MEYER

No. 43998.

272 S.W.2d 249 (1954)

ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a corporation, Plaintiff-Respondent, v. Walter E. MEYER, Otto V. Christie, Arthur H. Cohen, A. Hicks Lawrence, Henry L. Moses, Charlotte T. Taussig, Harry E. Ward and Ruth M. Cook, individually and as class representatives of all of the holders of common stock of St. Louis Southwestern Railway Company, and Cullman Bros. Inc., a corporation, Leo Wallerstein, Dorothy C. Wallerstein, Charles J. Liebman, Milton A. Holmes, Marianna W. T. Lawrence, Jacob I. Rosenbaum, John J. Kenney, Jean Schwedel, Byron J. Quinn, Alfred Hirschman, Margaret H. Liebman, Sherburne M. Earling, Louis H. Berk, Rena Gerson, Lionel C. Rosenbaum, Dora H. Rosenbaum, Ilse Blaugrund, Oliver Crist, Louise Burghardt, Lucien H. Hoch and David E. Rolf, Interveners, Defendants-Appellants, and R. Walston Chubb, Mabel Frank, Giboney Houck, as Executor of the Estate of Louis Houck, deceased, Joseph Plassmeyer and Arpad Plesch, individually and as class representatives of all of the holders of common stock of St. Louis Southwestern Railway Company, and Nelson Cunliff, R. C. Day, C. F. G. Meyer, III, and Arnold G. Stifel, Individually, and Southern Pacific Company, a corporation, Gladys M. Albers, Marianne G. McDonough, Albert Oberfeld, David H. Kraft and Richard Heller, Individually and as class representatives of all of the holders of preferred stock of St. Louis Southwestern Railway Company, and Samuel N. Koenigsberg, Saul Friedman and E. David Friedman, Executors of the Estate of Elisha M. Friedman, Interveners, Defendants-Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer to Denied November 8, 1954.


Attorney(s) appearing for the Case

Walter E. Meyer, New York City, prose and as attorney for other appellants. Richard A. Holman, New York City, Jean Schwedel, on the brief; Shepley, Kroeger, Fisse & Shepley, Roberts P. Elam, St. Louis, of counsel.

John W. Murphy, Gen. Sol., St. Louis S. W. Ry. Co., Lackland H. Bloom, St. Louis, for plaintiff-respondent.

Coburn, Storckman & Croft, St. Louis, Mudge, Stern, Williams & Tucker, New York City, for respondents Southern Pac. Co., Albert Oberfeld and Marianne G. McDonough. Paul D. Miller, New York City, Clem F. Storckman, St. Louis, Bernard Nemtzow, New York City, of counsel.


Motion for Rehearing or to Transfer to Court en Banc Denied November 8, 1954.

BARRETT, Commissioner.

This is an appeal from a judgment of the Circuit Court of the City of St. Louis sustaining the St. Louis Southwestern Railway Company's petition for interpleader. The petitioner, popularly known as the Cotton Belt, is a Missouri corporation, organized in 1891, with its principal office in the Cotton Belt Building in the City of St. Louis. The defendants sought...

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