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ST. LOUIS SOUTHWESTERN RAILWAY CO. v. LOEB

No. 46105.

318 S.W.2d 246 (1958)

ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, a corporation, Plaintiff, v. Louis M. LOEB and John A. Cook, Executors Under the Will of Walter E. Meyer, deceased, et al., Defendants-Appellants (Common Stockholders of St. Louis Southwestern Railway Company), and Southern Pacific Company, a corporation et al., Defendants-Respondents (Preferred Stockholders of St. Louis Southwestern Railway Company), R. Walston Chubb, Mabel Frank et al., Defendants in Default.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 8, 1958.

Attorney(s) appearing for the Case

George A. McNulty, St. Louis, for appellants Koenigsberg et al.

Thompson, Mitchell, Thompson & Douglas, James M. Douglas, Shepley, Kroeger, Fisse & Shepley, Harry W. Kroeger, Roberts P. Elam, St. Louis, Lord, Day & Lord, Sherman Baldwin, Thomas F. Daly, Saul L.

Sherman, New York City, for appellants Louis M. Loeb et al.

Gleick & Strauss, St. Louis, Abraham K. Weber, William H. Yaeger, New York City, for appellant Louis Yaeger.

Coburn & Croft, St. Louis, Mudge, Stern, Baldwin & Todd, New York City, Paul D. Miller, New York City, Richmond C. Coburn, St. Louis, Bernard Nemtzow, New York City, Frank Booker, St. Louis, of counsel, for respondents Southern Pac. Co. et al.

EAGER, Judge.

This suit was filed in November, 1951, by St. Louis Southwestern Railway Company, a Missouri corporation, as an interpleader proceeding. Certain of the defendants denied plaintiff's right to maintain the suit, but the Circuit Court sustained the interpleader and discharged plaintiff. On appeal, that judgment was affirmed. Many of the facts and considerable history of the controversies appear in that opinion at 364 Mo. 1057, 272 S.W.2d...

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