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SCHWAGER v. SCHWAGER

No. 6938.

109 F.2d 754 (1940)

SCHWAGER et al. v. SCHWAGER et al.

Circuit Court of Appeals, Seventh Circuit.

February 9, 1940.

Attorney(s) appearing for the Case

Irving K. Russ and Harry A. Kahn, both of Chicago, Ill., and B. G. Slater, of Milwaukee, Wis., for appellants.

Ralph M. Hoyt and George Ettenheim, both of Milwaukee, Wis., for appellees.

Before EVANS, SPARKS, and MAJOR, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from an order of the District Court entered January 30, 1939, dismissing the Bill of Complaint for failure to state a cause of action. The plaintiffs are the divorced wife and children (two of whom are minors) of the defendant, Leon A. Schwager. The relief sought was support and maintenance from the income or principal of a spendthrift trust of which the husband is the designated beneficiary. The defendants, First Wisconsin...

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