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DURWOOD v. DUBINSKY

No. 44509.

291 S.W.2d 909 (1956)

Edward D. DURWOOD, Plaintiff-Respondent, v. H. W. DUBINSKY, Irwin Dubinsky, Ruth Dubinsky, Executrix of the Estate of Barney Dubinsky, Deceased, Dubinsky Brothers Theatres, Inc., a Corporation, Defendant-Appellants, and Commerce Trust Company, a Corporation, Defendant.

Supreme Court of Missouri. Division No. 2.

Motion for Rehearing or to Transfer to Denied and Motion to Modify Opinion Denied July 9, 1956.

Attorney(s) appearing for the Case

B. L. Kaufmann, St. Joseph, Sam Mandell, Harry L. Thomas, Kansas City, for appellants, Culver, Phillip, Kaufmann & Smith, St. Joseph, Popham, Thompson, Popham, Mandell & Trusty, Kansas City, of counsel.

William G. Boatright, Terence M. O'Brien, Kansas City, for respondent.

Motion for Rehearing or to Transfer to Court En Banc Denied and Motion to Modify Opinion Denied July 9, 1956.

STOCKARD, Commissioner.

This suit was brought in the circuit court of Jackson County, Missouri, by Edward D. Durwood, hereafter referred to as plaintiff, against his two brothers, H. W. Dubinsky and Irwin Dubinsky, and also against Ruth Dubinsky, executrix of the estate of Barney Dubinsky, deceased (another brother of plaintiff), Dubinsky Brothers...

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