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MILLER v. FELS

No. 50410.

382 S.W.2d 657 (1964)

George W. MILLER, Marie McCanles and A. C. Bay, Trustees, Appellants, v. Arthur FELS, Arthur Fels Co., Formerly Arthur Fels Bond & Mortgage Co., and Western Holding Corporation, Respondents.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied October 12, 1964.

Attorney(s) appearing for the Case

Paul Van Osdol, Jr., Lynn C. Hoover, Terrell, Hess, Van Osdol & Magruder, and Edmund B. Smith, Courtney W. Perkins, Meyer, Smith, Shute & Penner, Kansas City, for appellants.

Lawrence R. Brown, Alvin D. Shapiro, Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, for respondents.

WELBORN, Commissioner.

This action was brought by George W. Miller, Marie McCanles and A. C. Bay, as statutory trustees of a defunct corporation, Ward Park Building Company, against Arthur Fels, Arthur Fels Co. (formerly Arthur Fels Bond & Mortgage Co.) and Western Holding Corporation. The plaintiffs sought a declaratory judgment that they were the owners of $30,000 first mortgage bonds in the possession of the defendants. The bonds were claimed to be secured...

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