MARTIN v. LUSTER

No. 5584.

85 F.2d 833 (1936)

MARTIN et al. v. LUSTER.

Circuit Court of Appeals, Seventh Circuit.

As Amended on Rehearing November 4, 1936.


Attorney(s) appearing for the Case

Charles S. Babcock, of Chicago, Ill., Roy P. Wilcox, of Eau Claire, Wis., and Alfred Beck, of Chicago, Ill., for appellants.

John C. Slade and Charles J. Calderini, both of Chicago, Ill., A. W. MacLeod, of Eau Claire, Wis., and Wm. D. Tatlow, of Springfield, Mo., for appellees.

Before EVANS, SPARKS, and ALSCHULER, Circuit Judges.


EVANS, Circuit Judge.

This appeal is from an order terminating a receivership of a $266,345 fund which it is alleged appellees' decedent (Frank Hermann) held in trust for appellants. Heretofore appellees, as Hermann's executors, were ordered to pay this sum to the receiver. The District Court, in the decree appealed from, ordered the return of the money, less expenses, to appellees.

The determinative issue turns upon the nature of the relationship of Hermann...

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