American Airlines, Inc. v. City of St. Louis

*170On Motion for a Rehearing or, in the Alternative, to Transfer to the Court en Banc

PER CURIAM.

Having considered the motion of plaintiffs-respondents, American Airlines, Inc., and Delta- Air Lines, Inc., we have come to the conclusion that our opinion should he modified with respect to the allowance to and recovery by defendants-appellants, St. Louis County and its Collector, and against plaintiffs-respondents, movants here, of the collector’s fees of “two per cent on the amount” collected “by suit against such (railroad) company.” Section 151.280. Such fees had been included in our original opinion and we had directed the recovery of them by defendants-appel-lantg and against plaintiffs-respondents “by virtue of Section 155.060.”

Having exarnined the case of Felker v. Carpenter, Mo.Sup., 340 S.W.2d 696, cited here by movants, particularly paragraph [4] of the opinion in that case (340 S.W.2d at page 701) ; and having re-examined Sections 155.060 and 151.280, we now have the' view that the- language of Section 155.060 does not inferentially make provision for and direct the collection of such a collector’s fee (two per cent of the amount collected by suit against a railroad company, Section 151.280) in the case of a claim asserted in an original action or by counterclaim for a general judgment for delinquent tangible personal property taxes on the aircraft of an airline company by the collector of a class one county.

And, furthermore, we believe that, in our original opinion, we were too liberal in applying equitable principles in sustaining defendants-appellants’ claim for the allowance of ten per cent pursuant to Section 141.190.

Accordingly, our original opinion is modified and changed to disallow the two per cent collector’s fees and the ten per cent attorneys’ fees we had in our original opinion allowed in favor of defendants-appellants -and against plaintiffs-respondents, movants here. And the trial court is directed to exclude the stated fees disallowed in this modifying opinion upon computing the total amounts of final orders of recovery and judgment.

The motion for a rehearing or to transfer to Court en Banc is overruled.