MUDGE v. NEW YORK TRUST CO.

No. 6584.

103 F.2d 625 (1939)

MUDGE et al. v. NEW YORK TRUST CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 18, 1939.


Attorney(s) appearing for the Case

Edmund Burke and Gillespie, Burke & Gillespie, all of Springfield, Ill., and Maclay Hoyne and R. A. Bierdemann, both of Chicago, Ill., for appellants.

White & Case, of New York City, and Brown, Hay & Stephens, of Springfield, Ill. (J. Adam Murphy, of New York City, and Logan Hay and R. Allen Stephens, both of Springfield, Ill., of counsel), for appellee.

Before SPARKS, TREANOR, and KERNER, Circuit Judges.


TREANOR, Circuit Judge.

This is an appeal from the order and decree of the District Court dismissing plaintiffs' bill for want of necessary and indispensable parties. Plaintiffs seek by their bill to recover from the defendant on account of its act in transferring certain shares of its own stock which stood in the name of "Burton Mudge as trustee under trust agreement between Arwilda M. Mudge and Burton Mudge, dated March 4, 1920."

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