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MOSER v. KELLER

No. 45400.

303 S.W.2d 135 (1957)

Byron MOSER and Rosa Cerf Berger, Individually and for Themselves as Owners and Holders of Certificates of Beneficial Interest in the Shares of the Mercantile-Commerce National Bank in St. Louis and in Behalf of and Representatives of All Other Persons Similarlv Situated, Plaintiffs-Appellants, v. Albert M. KELLER, Carl F. G. Meyer, Edgar M. Queeny, John S. Swift and William H. Luyties, All Individually and as Trustees Under a Certain Trust Agreement dated June 11, 1934, Creating a Trust of the Capital Stock of Mercantile-Commerce National Bank in St. Louis, and the Mercantile-Commerce Bank and Trust Company, a Trust Company, Defendants-Appellants.

Supreme Court of Missouri. Division No. 1.

Motions for Rehearing or to Transfer Denied June 10, 1957.

Opinion Modified on Motion June 10, 1957.

Attorney(s) appearing for the Case

Susman, Mayer & Willer, Herman Willer, Gerald A. Rimmel, Earl Susman, St. Louis, for plaintiffs-appellants.

Thompson, Mitchell, Thompson & Douglas, James M. Douglas, James P. Brown, St. Louis, for defendants-appellants.

Motions for Rehearing or to Transfer Court en Banc Denied June 10, 1957.

Opinion Modified on Court's Own Motion June 10, 1957.

COIL, Commissioner.

Plaintiffs, as owners of certificates of shares of beneficial interest in a certain trust, brought this class action to recover from defendants an amount claimed due on the price of certain bank stock purchased by defendant Trust Company from defendant trustees. The trial below resulted in a plaintiffs'...

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