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GLUCKSBERG v. POLAN

No. CIV.A. 3:99-0129.

251 F.Supp.2d 1294 (2003)

Berek GLUCKSBERG and Elsa Glucksberg, husband and wife, Plaintiffs, v. William POLAN, as Co-Executor of the Estate of Lincoln M. Polan, Charles Edwin Polan, as Co-Executor of the Estate of Lincoln M. Polan, and William Polan, individually, Defendants, R.R. Fredeking, II, as Co-administrator d.b.n of the Estate of Lincoln M. Polan, and Kim Wolfe, Sheriff, as Coadministrator d.b.n of the Estate of Lincoln M. Polan, Intervenors.

United States District Court;, S.D. West Virginia, Huntington Division.

March 19, 2003.

Attorney(s) appearing for the Case

Ronald S. Rossi, Martin & Seiberg, L.C., Martinsburg, WV, for Plaintiffs.

William V. DePaulo, Ross & DePaulo, Hurricane, WV, Charles E. Polan, Huntington, WV, for Defendants.

R. R. Fredeking, II, Fredeking & Fredeking, Huntington, WV, Pro se.

James B. Lees, Jr., Hunt & Lees, Charleston, WV, for R. R. Fredeking, II.

R. R. Fredeking, II, Fredeking & Fredeking, Huntington, WV, James B. Lee, Jr., Hunt & Lees, Jr., Charleston, WV, for Ki

MEMORANDUM OPINION & ORDER

GOODWIN, District Judge.

Pending is defendants William and Charles Polan's motion to strike evidence proffered by R.R. Fredeking and Kim Wolfe. The defendants argue that this court's December 16, 2002 order, which granted the motion by Mr. Fredeking and Mr. Wolfe to intervene and for relief from judgment, was jurisdictionally infirm because of the pendancy of an appeal. Accordingly, they argue, Mr. Fredeking and Mr. Wolfe are...

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