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LONG v. RIKE

No. 4375.

50 F.2d 124 (1931)

LONG v. RIKE et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 11, 1931.

Attorney(s) appearing for the Case

C. R. Latham, W. T. Alden, H. P. Young, Chas. Martin, and H. C. Lutkin, all of Chicago, Ill., for appellant.

Horace Kent Tenney, of Chicago, Ill., Lee Warren James, of Dayton, Ohio, and Charles F. Harding and S. Ashley Guthrie, both of Chicago, Ill., for appellee Frederick H. Rike.

Frank H. Scott, Leland K. Neeves, Harold D. Burgess, and John E. MacLeish, all of Chicago, Ill., for appellee Ethel L. Rike and others.

Tappan Gregory, of Chicago, Ill., for appellee Susanne Rike.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

SPARKS, Circuit Judge (after stating the facts as above).

The present appeal is from the decree last mentioned, and the questions involved are: (1) Upon the liquidation of the trust stock, did all of the proceeds constitute corpus of the trust estate, or did the portion of such proceeds which represented the accumulated and undistributed earnings and the intangible value or earning power that accrued to the trust stock because of the retention of the earnings of the...

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