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GIAMBELLUCA v. THOMPSON

No. 44655.

283 S.W.2d 531 (1955)

Charles GIAMBELLUCA, Plaintiff-Appellant, v. Guy A. THOMPSON, Trustee, Missouri Pacific Railroad Company, a Corporation, Union Pacific Railroad Company, a Corporation, and The Texas and Pacific Railway Company, a Corporation, Defendants-Respondents, and General Accident Fire & Life Assurance Corporation, Ltd., a Corporation, Intervenor-Appellant.

Supreme Court of Missouri, Division No. 2.

November 14, 1955.

Attorney(s) appearing for the Case

Bates & Cartwright, Houston, Tex., James W. Jeans, Hullverson & Richardson, St. Louis, for plaintiff-appellant.

Harold L. Harvey, St. Louis, for respondents Guy A. Thompson, trustee Missouri Pac. R. Co., debtor, and Texas & Pacific Ry. Co.

Jones, Hocker, Gladney & Grand and Harold C. Gaebe, Jr., St. Louis, for respondent Union Pac. R. Co.

Charles F. Hamilton, St. Louis, Chilton Bryan, Houston, Tex., J. C. Jaeckel, Moser, Marsalek, Carpenter, Cleary & Carter, St. Louis, for intervenor-appellant.

BARRETT, Commissioner.

Charles Giambelluca instituted this action for $150,000 damages for personal injuries in the Circuit Court of the City of St. Louis on January 22, 1954. On January 16, 1951 he instituted a similar suit on the same cause of action in the District Court of Harris County, Texas, and that suit is pending. The defendants are Union Pacific Railroad Company, Missouri Pacific Railroad Company and The Texas and Pacific Railway Company. On March 19, 1954...

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