276.120. Unlawful to refuse membership or delay granting same — circuit court may compel issuance of membership, when.
441 words·~2 min read·
/mo/chapter-276/276-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
276.120. Unlawful to refuse membership or delay granting same — circuit court may compel issuance of membership, when. — It is hereby declared unlawful for any such organization to refuse membership or to unreasonably delay the granting of membership in such organization to any applicant for membership because of the manner, times or method in which such applicant intends to or does distribute the profits of such applicant to the persons composing any partnership in which the applicant is financially interested or to the shareholders of any corporation or cooperative association in which the member is a shareholder, and any refusal on the part of such organization to admit to membership or any unreasonable delay in admitting to membership any applicant for membership who intends to or does distribute to the persons composing any partnership in which such applicant is financially interested or to the shareholders of any corporation or cooperative association in which such applicant is a shareholder, the profits of such applicant to the persons composing such partnership or to the shareholders of such corporation or cooperative association in proportion to the quantity of grain or other farm products shipped to such member by the persons composing such partnership or the shareholders of such corporation or cooperative association, shall be prima facie evidence that such refusal or such unreasonable delay is because such applicant for membership intends to or does so distribute its profits, and any such applicant for membership shall have the right to have the action of such organization, in refusing or unreasonably delaying the issuance of said membership, summarily reviewed by the circuit court, by filing therein a petition praying the circuit court to cause such organization to show cause why it has refused or unreasonably delayed the issuance of said membership, and if, upon the trial, said organization fails to show some lawful and reasonable cause for refusing or unreasonably delaying the issuance of said membership to such applicant for membership, then the circuit court shall, by proper order, compel the issuance of said membership to such applicant; provided, that any limitation fixed by such organization, or by the members thereof, as to the number of members admitted to membership therein, shall not be a lawful or a reasonable cause for refusing or unreasonably delaying the issuance of membership to such applicant for membership; and provided further, that the review provided for in this section shall be merely cumulative and shall in no way relieve such organization, or any member thereof, from the criminal or civil proceedings provided for in sections 276.090 to 276.150 .
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(RSMo 1939 § 14394)
Prior revision: 1929 § 12736