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FOX v. BURTON

No. 51506.

402 S.W.2d 329 (1966)

Gerald L. FOX, Individually, James M. Canavan, Francis A. Dunnagan, Normal H. Halls, Edward E. Haverstick and Alfred Lee Shapleigh, II, Copartners, Doing Business Under the Name of Smith-Moore and Company, Respondents and Conditional Appellants, v. John G. BURTON, Appellant, and David A. Blanton, Jr., Conditional Respondent.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or for Transfer Denied May 9, 1966.

Attorney(s) appearing for the Case

Raymond F. McNally, Jr., St. Louis, for appellant.

Lon Hocker, Stephen M. Boyd, St. Louis, for respondents; Hocker, Goodwin & MacGreevy, Bryan, Cave, McPheeters & McRoberts, St. Louis, of counsel.

Flynn, Parker & Badaracco, Norman C. Parker, St. Louis, for respondent Blanton.

Motion for Rehearing or for Transfer to Court En Banc Denied May 9, 1966.

HIGGINS, Commissioner.

In this action for broker's commission plaintiffs had verdict and judgment for $51,632 against defendant John G. Burton, and he seeks to be relieved from that judgment on this appeal. There is also a "conditional" appeal by plaintiff Gerald L. Fox from a judgment in favor of defendant David A. Blanton, Jr., on Fox's alternative count against Blanton for $73,200...

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