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BERG v. MERCHANT

No. 4610.

15 F.2d 990 (1926)

BERG et al. v. MERCHANT et al.

Circuit Court of Appeals, Sixth Circuit.

November 9, 1926.

Attorney(s) appearing for the Case

I. J. Ringolsky, of Kansas City, Mo., and Harold W. Fraser, of Toledo, Ohio (Ringolsky, Friedman & Boatright and Johnson & Lucas, all of Kansas City, Mo., Wm. P. Maloney, of Marion, Ohio, and Fraser, Hiett, Wall & Effler, of Toledo, Ohio, on the brief), for plaintiffs in error.

John H. Bartram, J. H. Eymon, Mouser, Young & Mouser, and Guthery, Strelitz & Guthery, all of Marion, Ohio, for defendants in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DONAHUE, Circuit Judge.

Plaintiffs in error, who are nonresidents of the state of Ohio, brought an action to contest the will of Burr Raichley, deceased, who, at the time of his death, was a resident of Marion county, Ohio, to which action the executors of the will, legatees, next of kin, and heirs at law of Burr Raichley were made parties defendants. The executors and some of the other defendants filed a demurrer to this petition upon two grounds: First, that the...

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