FAIRVIEW CEMETERY PERPETUAL C. ASS'N v. WHITWORTH

No. 32443.

420 S.W.2d 362 (1967)

FAIRVIEW CEMETERY PERPETUAL CARE ASSOCIATION, a Corporation, Plaintiff-Respondent, v. Forrest WHITWORTH, Stewart Weber, Maxine Nevels, Kenneth Pursley, Carol Lee and Harold Perkins, Individually and on Behalf of Themselves and Other Parties Having an Interest or Concern in the Fairview Cemetery, Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing and Modification Denied October 17, 1967.


Attorney(s) appearing for the Case

Charles A. Sheehan, House Springs, for defendants-appellants.

John W. Waller, Sullivan, Thomas J. Briegel, Union, for plaintiff-respondent.


ANDERSON, Presiding Judge.

This action was brought by plaintiff, Fairview Cemetery Perpetual Care Association, on January 27, 1964, against defendants individually having an interest in Fairview Cemetery, and as representatives of others having a like interest. The petition sought to have set aside a prior judgment of the court rendered on May 7, 1963, and, in paragraph 13 thereof, sought a declaration of the rights of the parties with respect to certain matters connected...

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