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JOHNS-MANVILLE CORPORATION v. VILLAGE OF DeKALB, MO.

No. 20342.

439 F.2d 656 (1971)

JOHNS-MANVILLE CORPORATION, Plaintiff-Appellee, v. VILLAGE OF DeKALB, MISSOURI, et al., Defendants, Amos H. Watts et al., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

March 12, 1971.

Attorney(s) appearing for the Case

R. H. McRoberts, Thomas C. Walsh, W. H. Utz, Jr., Franklin T. Thackery, St. Joseph, Mo., for defendants-appellants; Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., Smith, Utz, Litvak & Thackery, St. Joseph, Mo., of counsel.

Howard F. Sachs, Joseph J. Kelly, Jr., Gad C. Smith, Kansas City, Mo., for plaintiff-appellee, Johns-Manville Corp.; Spencer, Fane, Britt & Browne, Kansas City, Mo., of counsel.

Before GIBSON and BRIGHT, Circuit Judges, and McMANUS, Chief District Judge.

GIBSON, Circuit Judge.

This is an interlocutory appeal1 from a declaratory judgment entered by the United States District Court for the Western District of Missouri, holding that $505,000 principal amount of waterworks revenue bonds issued and sold by the Village of DeKalb, Missouri, are "invalid, null and void, and of no force and effect."

The alignment of the parties in this case is highly unusual. The suit was commenced as a...

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