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KANSAS CITY TERM. RY. CO. v. KANSAS CITY TRANSIT, INC.

No. 47863.

339 S.W.2d 766 (1960)

KANSAS CITY TERMINAL RAILWAY COMPANY, a Corporation, Respondent, v. KANSAS CITY TRANSIT, INC., a Corporation, Appellant, City of Kansas City, Missouri, a Municipal Corporation, Defendant.

Supreme Court of Missouri, Division No. 1.

November 14, 1960.

Attorney(s) appearing for the Case

Powell C. Groner, Kansas City, Hale Houts, Hogsett, Houts, James, Randall & Hogsett, for defendant-appellant.

Sam D. Parker, William M. Stapleton, Kansas City (Lathrop, Righter, Gordon & Parker, Kansas City, of counsel), for plaintiff-respondent.

COIL, Commissioner.

Kansas City Terminal Railway Company, respondent here and plaintiff below, and hereinafter called "Terminal," brought a declaratory judgment action against Kansas City Transit, Inc., formerly named Kansas City Public Service Company and hereinafter called "Transit," and the City of Kansas City, in two counts. Count 1 sought, inter alia, a declaration that Transit was obligated by reason of certain Kansas City ordinances to pay Terminal one half...

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