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SOMMERS v. HERGENRETER

No. KCD 26981.

523 S.W.2d 176 (1975)

Lillian M. SOMMERS, Plaintiff-Respondent, v. Victor HERGENRETER et al., Defendants, and Christopher Harris, Receiver-Respondent, and C. L. Paxson et al., Claimants-Appellants.

Missouri Court of Appeals, Kansas City District.

May 5, 1975.

Attorney(s) appearing for the Case

Wendell E. Koerner, Jr., Brown, Douglas & Brown, St. Joseph, for claimants-appellants.

Don B. Sommers, Sommers & Holloran, St. Louis, for plaintiff-respondent.

James H. Counts, Morton, Reed & Counts, St. Joseph, for receiver-respondent.

Before SWOFFORD, P. J., and WEBORN and HIGGINS, Special Judges.

ANDREW JACKSON HIGGINS, Special Judge.

Action in equity under Chapter 351, RSMo 1969, V.A.M.S., for liquidation of corporation in which proof of claim of Paxson & Richel was denied without a hearing on its merits.

In Count I of her petition, plaintiff Lillian M. Sommers alleged: that she was a judgment creditor of individual defendants Hergenreter and Newhart in an amount in excess of $124,000; that such defendants were stockholders and statutory trustees...

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