NORTHERN TRUST CO. v. CITY OF INDEPENDENCE

No. 58936.

526 S.W.2d 825 (1975)

The NORTHERN TRUST COMPANY et al., Plaintiffs-Appellants, v. CITY OF INDEPENDENCE, Missouri, et al., Defendants-Respondents, Chris Barker and Roy Lewis, Intervenors-Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 8, 1975.


Attorney(s) appearing for the Case

Paul Van Osdol, Jr., Guy A. Magruder, Jr., Terrell, Van Osdol & Magruder, Kansas City, for plaintiffs-appellants.

Billy S. Sparks, Kansas City, for defendants-respondents; James S. Cottingham, City Counsellor, Independence, Linde, Thomson, Fairchild, Langworthy & Kohn, Kansas City, of counsel.

John E. Park and John C. Craft, Kansas City, for Chris A. Barker and Roy Lewis.


FINCH, Judge.

This is a declaratory judgment action wherein plaintiffs, after purchasing and paying for bonds issued by the City of Independence, sought a declaration that the bonds were invalid and that plaintiffs should recover damages, including the purchase price paid for the bonds. Two taxpayers, owners of property in Independence, were allowed to intervene as representatives of a class. They attacked the validity of the bonds on constitutional grounds. The trial...

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