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BERGER v. MERCANTILE TRUST COMPANY

No. 48567.

352 S.W.2d 644 (1961)

Alex BERGER, Jr. et al., Plaintiffs-Appellants, v. MERCANTILE TRUST COMPANY, a Corporation et al., Defendants-Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied January 8, 1962.

Attorney(s) appearing for the Case

J. Marvin Krause, St. Louis, Nouss, Bamburg & Gaebe and Harold B. Bamburg, Clayton, for appellants.

Thompson, Mitchell, Douglas & Neill, James M. Douglas, Robert Neill, William G. Guerri, St. Louis, for respondents.

Motion for Rehearing or to Transfer to Court en Banc Denied January 8, 1962.

HOLMAN, Commissioner.

In this class action plaintiffs, as owners of certificates of beneficial interest in a certain trust, sought (in the first count of their petition) to recover all of the stock of Mercantile-Commerce National Bank in St. Louis (hereinafter referred to as "National Bank"). In the second count they alternatively sought to recover damages for breach of trust in the...

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