ALKEN v. CLARY

No. 51322.

396 S.W.2d 678 (1965)

KANSAS CITY TERMINAL RAILWAY COMPANY, Plaintiff-Respondent, v. The INDUSTRIAL COMMISSION of the State of Missouri, the Department of Labor and Industrial Relations, Don L. Cummings, Director, Division of Industrial Inspection, William J. Delahunty, Assistant Director, Division of Industrial Inspection, and Thomas F. Eagleton, Attorney General of the State of Missouri, Defendants-Appellants.

Supreme Court of Missouri, Division No. 2.

December 13, 1965.


Attorney(s) appearing for the Case

Sam D. Parker, W. M. Stapleton, Kansas City, Harold L. Harvey, Gilbert A. Schuessler, Paul R. Moody, St. Louis, Forrest P. Carson, Jefferson City, for respondent.

Norman H. Anderson, Atty. Gen., Louis C. Defeo, Jr., Asst. Atty. Gen., Jefferson City, for appellants.


FINCH, Judge.

This appeal involves a declaratory judgment action by plaintiff on its own behalf and as representative of a class, seeking to have Chapter 2911 declared inapplicable to railroads, or, in the alternative, that the provisions of that chapter were repealed by implication by the enactment of the Public Service Commission Law in 1913. The trial court sustained plaintiff's motion for summary judgment, holding that the suit was...

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