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SAIGH v. BUSCH

No. 31884.

396 S.W.2d 9 (1965)

Fred SAIGH and Elizabeth Saigh, (Plaintiffs) Appellants, By Relation to ANHEUSER-BUSCH, INC., a Corporation, Nominal Defendant Under Rule 52.04(a), v. August A. BUSCH, Jr., (Defendant) Respondent.

St. Louis Court of Appeals. Missouri.

Rehearing Denied October 20, 1965.

Application to Transfer Denied December 13, 1965.

Attorney(s) appearing for the Case

Lon Hocker, Hocker, Goodwin & MacGreevy, St. Louis, for appellants.

Mark D. Eagleton, J. J. Thyson, Albert J. Stephan, Jr., Roberts P. Elam, Harry W. Kroeger, Arthur B. Shepley, St. Louis, for respondent.

RUDDY, Judge.

This is a stockholders' derivative action. The petition before us for scrutiny is the second amended petition, as amended by plaintiffs, which is in two counts. The trial court, pursuant to Civil Rule 82.06, V.A.M.R., and to a stipulation signed by all the parties, ordered a separate trial of the issues raised under Count I and further ordered the judgment rendered under Count I, after hearing, to be deemed a final judgment for purposes of appeal within...

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