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TRANSPORT MANUFACTURING & EQUIP. CO. v. TOBERMAN

No. 45406.

301 S.W.2d 801 (1957)

TRANSPORT MANUFACTURING & EQUIPMENT COMPANY, a Corporation, and Riss & Company, Inc., a Corporation, Plaintiffs-Appellants, v. Walter J. TOBERMAN, Secretary of State of Missouri, Missouri State Highway Commission, Harris D. Rodgers, Chairman, Missouri State Highway Commission, M. E. Morris, Director of Revenue of Missouri, Missouri State Highway Patrol, Col. Hugh H. Waggoner, Supt., Missouri State Highway Patrol, Defendants-Respondents.

Supreme Court of Missouri. En Banc.

Rehearing Denied May 13, 1957.

Attorney(s) appearing for the Case

Tweedie Fisher, Jefferson City, A. Alvis Layne, Jr., Washington, D. C., John B. Gage, Kansas City, for appellants, Transport Manufacturing & Equipment Co., and Riss & Co., Inc., Jess W. Van Ert, Laird P. Bowman, Kansas City, T. S. L. Perlman, Lester M. Bridgeman, Washington, D. C., of counsel.

John M. Dalton, Atty. Gen., Fred L. Howard, Asst. Atty. Gen., for respondents, Gage, Hillix, Moore & Park, Kansas City, of counsel.

WESTHUES, Judge.

Plaintiffs filed this suit in the Circuit Court of Cole County alleging in their petition that it is an action for a declaratory judgment and for an injunction pursuant to Sections 526.010-526.140 RSMo 1949, V.A.M.S.

The record shows that on September 19, 1955, the trial court heard plaintiffs on their application for a temporary order of restraint or injunction. On September 30, 1955, the court denied this request. Thereafter, various motions...

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