STATE EX REL. FARMER v. MONSANTO COMPANY

No. 58310.

517 S.W.2d 129 (1974)

STATE ex rel. FARMER, Superintendent of Insurance, etc., Respondent, v. MONSANTO COMPANY, a corporation, Appellant.

Supreme Court of Missouri, Division No. 2.

December 16, 1974.


Attorney(s) appearing for the Case

Roberts P. Elam, St. Louis, for respondent; Neil N. Bernstein, Gen. Counsel, Div. of Insurance of Missouri, Jefferson City, of counsel.

Coburn, Croft, Shepherd & Herzog, Thomas L. Croft, John R. McFarland, St. Louis, Lewis, Rice, Tucker, Allen & Chubb, Robert S. Allen, St. Louis, for appellant.

Richard W. Duesenberg, Director of Law, Monsanto Textiles Company, St. Louis, Associate Counsel, for appellant.

Joseph L. Racine, St. Louis, Atty., St. Louis Regional Commerce and Growth Association, Mahlon R. Aldridge, III, Jefferson City, Gen. Counsel, Missouri Chamber of Commerce, Bartley, Goffstein, Bollato & Lange, William H. Bartley, Jerome A. Diekemper, Clayton, for Amicus Curiae, Greater St. Louis Labor Council, AFL-CIO.

John R. Tadlock, Gen. Counsel, James J. Cronin, Associate Gen. Counsel, Oil, Chemical & Atomic Workers Union, AFL-CIO, Denver, Colo., Robert M. Young, Asst. Legal Counsel, International Chemical Workers Union, Akron, Ohio, Harris, Paskal, Edwards & Olian, Raymond I. Harris, Richard H. Edwards of Paskal, Edwards, Olian & Hadican, Clayton, for Amicus Curiae, Carpenters District Council of Greater St. Louis, Carpenters District Council of St. Louis Shops and Mills Health and Welfare Fund, Cement Masons Union Local No. 527, Cement Masons Union Local No. 527 Pension Fund, and Cement Masons Union Local No. 527 Health and Welfare Fund.


STOCKARD, Commissioner.

In this suit the Superintendent of Insurance for the State of Missouri sought an injunction to prohibit Monsanto Company from paying sickness and disability benefits directly to its employees on the ground that such payments constitute the transaction in Missouri of "insurance business" in violation of §§ 375.161 and 375.310, RSMo 1969, V.A.M.S. The trial court entered the requested injunction, but stayed the enforcement thereof pending...

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