PLAZA EXPRESS COMPANY v. GALLOWAY

No. 43939.

280 S.W.2d 17 (1955)

PLAZA EXPRESS COMPANY, Inc., a Corporation, and N. R. Yaryan, Plaintiffs-Appellants, v. Randel E. GALLOWAY, Administrator of the Estate of Bert Galloway, Deceased, and Lola E. Galloway, Defendants-Respondents.

Supreme Court of Missouri. En Banc.

June 13, 1955.


Attorney(s) appearing for the Case

William E. Kemp, Thomas J. Wheatley, James P. Tierney, Kansas City, for plaintiffs-appellants. Kemp, Koontz, Clagett & Norquist, Kansas City, of counsel.

Clay C. Rogers, James W. Benjamin, Kansas City, for respondents. Sylvan Bruner, Pittsburg, Kan., Rogers, Field & Gentry, Kansas City, of counsel.


DALTON, Judge.

The appeal of this cause was first heard in Division Number One of this court and an opinion was prepared and adopted. Subsequently, the cause was transferred to Court en Banc where it was re-argued and reassigned. We shall without quotation marks adopt a considerable portion of the prior opinion prepared by Coil, C.

Defendants-respondents' motion to dismiss plaintiffs-appellants' "bill in the nature of a bill of interpleader" was sustained...

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