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COLLINS v. RUSSELL

No. 11684.

114 F.2d 334 (1940)

COLLINS et al. v. RUSSELL et al.

Circuit Court of Appeals, Eighth Circuit.

September 5, 1940.

Attorney(s) appearing for the Case

Charles V. Garnett, of Kansas City, Mo. (C. D. Ritchie, of McCook, Neb., Don Kelley, of Lincoln, Neb., Rufus Burrus and Burrus & Burrus, all of Independence, Mo., and Johnson, Garnett & Quinn, of Kansas City, Mo., on the brief), for appellants.

Walter D. James, of McCook, Neb. (Carson Russell, Luke H. Cheney, Butler, James & McCarl, Cordeal, Colfer & Russell, and Cheney & Cheney, all of McCook, Neb., on the brief), for appellees.

Before WOODROUGH and THOMAS, Circuit Judges, and BELL, District Judge.

BELL, District Judge.

This is an action in equity by appellants as plaintiffs against the appellees as defendants for a decree declaring void the residuary provisions of the will of Emma Meinhardt Easterday, deceased. The case was tried and the court found in favor of the defendants and dismissed the complaint. This appeal is from the order of dismissal.

The heirs at law of the decedent were plaintiffs in the District Court, and the administrator under the...

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