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ATCHISON, T. & S. F. RY. CO. v. TAYLOR

No. 314.

87 F.Supp. 313 (1949)

ATCHISON, T. & S. F. RY. CO. v. TAYLOR et al.

United States District Court E. D. Missouri, N. D.

December 1, 1949.

Attorney(s) appearing for the Case

Sam D. Parker and Donald H. Sharp, of the firm of Lathrop, Crane, Woodson, Sawyer & Righter, Kansas City, Missouri, Elgin Fuller and Ben Ely, of the firm of Fuller, Fuller & Ely, of Hannibal, Missouri, for plaintiff.

Wayne E. Wheeling and L. E. Merrill, of Brunswick, Missouri, Roy Hamlin, of Hannibal, Missouri, Arch Scott, of Carrollton, Missouri, for defendants.

HARPER, District Judge.

The plaintiff seeks a declaratory judgment against thirteen individual defendants and two drainage districts. After the suit was filed seven individuals intervened as defendants, making a total of twenty individual defendants, all of whom filed counterclaims. The individual defendants had previously asserted claims that the railroad was liable for flood damage occurring in the spring of 1947. This suit was filed in an effort to avoid a multiplicity...

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