ASSOCIATED CEMETERY MANAGEMENT, INC. v. BARNES

No. 16112.

268 F.2d 97 (1959)

ASSOCIATED CEMETERY MANAGEMENT, INC., Employees' Profit Sharing Trust, et al., Appellants, v. Z. C. BARNES et al., Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 10, 1959.


Attorney(s) appearing for the Case

Robert L. Jackson, Kansas City, Mo., for appellants.

Oscar S. Brewer and A. J. Granoff, Kansas City, Mo., for appellees Z. C. Barnes, and others, intervening Trustees (Brewer, Myers & Branton, and Thomas E. Deacy, Jr., Deacy & Deacy, Kansas City, Mo., for Harry M. Phelan, Jr., and others, participant intervenors, were with them on the brief), for appellees.

J. H. Birmingham, Jr., Tipton, Birmingham, Taylor & Furry, Kansas City, Mo., for Clyde A. Sievers, appellant, submitted motion and brief on his behalf to dismiss appeal.

John J. Fallon, Frank P. Barker, Edwin Heller, Barker, Fallon, Jones & Barker, Kansas City, Mo., and Strasser, Spiegelberg, Fried & Frank, Washington, D. C., presented brief for H. Braverman & Co., amicus curiae.

Before SANBORN, VAN OOSTERHOUT, and MATTHES, Circuit Judges.


MATTHES, Circuit Judge.

Six of the eleven trustees of Associated Cemetery Management, Inc., Employees' Profit Sharing Trust, which we shall for the sake of brevity refer to as "Trust," filed a petition in the District Court for the purpose of having Trust declared a bankrupt. Thereupon, an order was entered adjudicating Trust a bankrupt, and the proceedings were referred to the Referee in Bankruptcy. Later, four other trustees of Trust filed an intervening petition...

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