POWERS v. JOHNSON

No. 45078.

302 S.W.2d 899 (1957)

Raymond S. POWERS, Eula R. Creswell, James A. McCullough, Margaret Siress, Bennett R. Wood, M.D., Mrs. Edward Grace, Eugene Downes, Augusta Landweh and Lorenz H. Twillmann (Plaintiffs) Appellants, v. Ray L. JOHNSON, Robert W. Maysack, Laurel Hill Memorial Gardens, Laurel Hill Cemetery Association and Plymouth Securities Company (Defendants) Respondents.

Supreme Court of Missouri. Division No. 1.

June 10, 1957.


Attorney(s) appearing for the Case

Wm. J. Becker, Clayton, for (plaintiffs) appellants.

Biggs, Hensley, Curtis & Biggs, Ward Fickie, St. Louis, for respondents.


HYDE, Judge.

This is a class action by owners of lots in the Laurel Hill Cemetery, who are members of Laurel Hill Cemetery Association, a nonprofit organization incorporated by pro forma decree, seeking an accounting, determination of rights, interests and ownership of lot owners, payment of its perpetual care fund to the County Clerk, appointment of a receiver and an injunction against defendants. The Court found that plaintiffs were not entitled to the relief prayed...

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