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FRANCO v. J. D. STREETT & COMPANY

No. 48729.

360 S.W.2d 597 (1962)

Janet S. FRANCO, Appellant, v. J. D. STREETT & COMPANY, Inc., a Missouri Corporation, Kenneth C. Baker, the Boatmen's National Bank of St. Louis, Rolla Wells Streett, J. Douglas Streett and Lindell Gordon, Jr., Executors Under the Last Will of J. Clark Streett, Deceased, Rolla W. Streett, J. Douglas Streett, Maud Streett Gordon, Marian B. Patton, Individually and as Executrix Under the Will of Harper C. Patton, Deceased, and John R. Patton, Trustee Under the Will of Harper C. Patton, Deceased, Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or for Transfer Denied October 8, 1962.

Attorney(s) appearing for the Case

Thomas F. McDonald, Wayne B. Wright, Henry C. Bryan, Jr., Raymond F. McNally, Jr., McDonald, Barnard, Wright & Timm, Anthony F. Vaiana, St. Louis, for appellant.

Kenneth Teasdale, Wm. H. Armstrong, Edwin Johnston, Charles E. Dapron, Armstrong, Teasdale, Roos, Kramer & Vaughan, St. Louis, for other respondents.

Hugo Monnig, Lewis C. Green, St. Louis, for respondents Marian B. Patton, Individually and as Executrix Under Will of Harper C. Patton, Deceased, and John R. Patton, Trustee Under Will of Harper C. Patton, Deceased.

Motion for Rehearing or for Transfer to Court En Banc Denied October 8, 1962.

HOLLINGSWORTH, Judge.

This is an action in equity, wherein plaintiff, Janet S. Franco, formerly the owner of 130 shares of 1215 shares of the common stock of J. D. Streett & Company, Incorporated, outstanding from 1943 until February, 1955, seeks to recover her alleged pro rata share of properties and profits allegedly lost to the company by reason of the alleged fraudulent misappropriation...

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