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DURWOOD v. DUBINSKY

No. 38747.

361 S.W.2d 779 (1962)

Stanley Hugh DURWOOD, Marjorie Beth Grant and Richard Mark Durwood, Executors of the Estate of Edward Dubinsky Durwood, Deceased, and Stanley Hugh Durwood, Marjorie Beth Grant and Richard Mark Durwood, Individually, Appellants-Respondents, v. H. W. DUBINSKY, Irwin Dubinsky, Ruth Dubinsky, Executrix of the Estate of Barney Dubinsky, Deceased, and Dubinsky Brothers Theatres, Inc., a corporation, Appellants-Respondents, and Commerce Trust Company, a corporation, Respondent.

Supreme Court of Missouri, Division No. 2.

November 14, 1962.

Attorney(s) appearing for the Case

Terence M. O'Brien, Edward F. Aylward, Kansas City, for plaintiffs as respondents.

Basil L. Kaufmann, St. Joseph, S. David Trusty, Kansas City, Popham, Thompson, Popham, Trusty & Conway, Kansas City, of counsel, for respondents and cross-appellants.

STOCKARD, Commissioner.

This is the second appeal to this court in litigation which was commenced in November 1948. See Durwood v. Dubinsky, Mo., 291 S.W.2d 909.

For some time prior to May 9, 1946, Edward D. Durwood and two of his children, Stanley H. Durwood and Marjorie Beth Grant, were engaged in the operation of a number of theaters in partnership with Irwin Dubinsky, H. W. Dubinsky and Barney Dubinsky, all younger brothers...

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