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MATHEWSON v. FIRST TRUST CO. OF ST. JOSEPH, MO.

No. 11237.

100 F.2d 121 (1938)

MATHEWSON et al. v. FIRST TRUST CO. OF ST. JOSEPH, MO.

Circuit Court of Appeals, Eighth Circuit.

December 15, 1938.

Attorney(s) appearing for the Case

Jacob A. Overlander, of New York City (Elliott Spalding, of St. Joseph, Mo., on the brief), for appellants.

Benjamin Phillip, of St. Joseph, Mo. (R. E. Culver, B. L. Kaufmann, and Francis Smith, all of St. Joseph, Mo., on the brief), for appellee.

Before STONE, GARDNER, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

This is a suit in equity brought by the appellant Jacob A. Overlander against the appellee, First Trust Company, of St. Joseph, Missouri. While John E. Mathewson, as Administrator with the will annexed, is named in the caption of the pleadings as a plaintiff, an examination of the amended bill of complaint discloses that no right is asserted by or for him, and the bill of complaint does not even contain any allegation as to his citizenship...

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