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VITTERT CONST. & INV. CO. v. WALL COVERING CONTR., INC.

Nos. 33919, 33977.

473 S.W.2d 799 (1971)

VITTERT CONSTRUCTION AND INVESTMENT COMPANY, Plaintiff, v. WALL COVERING CONTRACTORS, INC., a corporation, et al., Defendants, Charles W. Clark and Harold L. Clark, copartners, d/b/a Clark Painting Company, Defendants-Appellants, Brod-Dugan Company, a corporation, Defendant-Respondent, United States of America and Edwin P. Trainor, District Director of Internal Revenue, St. Louis, Missouri, Defendants-Appellants.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied November 29, 1971.

Attorney(s) appearing for the Case

W. Layton Stewart, St. Louis, for plaintiff.

Charles S. Sigoloff, Sidney Rubin, St. Louis, for defendants.

Jack F. Allen, Clayton, for defendant-appellant Clark.

Shifrin, Treiman, Schermer & Gallop, Richard H. Ulrich, St. Louis, for defendant-respondent.

Daniel Bartlett, Jr., United States Attorney, James M. Gordon, Asst. U. S. Atty., St. Louis, Johnnie M. Walters, Asst. Atty. Gen., Fred B. Ugast, Acting Asst. Atty. Gen., Tax Div., Bennett Hollander, John A. Townsend, Attys., Tax Div., Joseph M. Howard, Acting Chief, Meyer Rothwacks, Chief, Appellate Section, U. S. Dept. of Justice, Washington, D. C., for defendant-appellant United States.

Motion for Rehearing or to Transfer to Supreme Court Denied November 29, 1971 in No. 33919.

WOLFE, Judge.

This is an action on a petition in interpleader filed by the Vittert Construction and Investment Company. This company was indebted to Wall Covering Contractors, Inc., in the sum of $4,246.44. It had received notices from two companies named as defendants in this action, each claiming that a part of the sum owing by the plaintiff had been assigned to them...

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