VAN AUKEN v. SECOND NAT. BANK & TRUST CO. OF SAGINAW, MICH.

No. 8336.

117 F.2d 938 (1941)

VAN AUKEN et al. v. SECOND NAT. BANK & TRUST CO. OF SAGINAW, MICH., et al.

Circuit Court of Appeals, Sixth Circuit.

February 14, 1941.


Attorney(s) appearing for the Case

William Alfred Lucking, of Detroit, Mich., and Prentiss M. Brown, of St. Ignace, Mich. (Lucking, Van Auken & Sprague, of Detroit, Mich., on the brief), for appellants.

George R. Effler, of Toledo, Ohio, and Wm. C. O'Keefe, of Saginaw, Mich., for appellees Second Nat. Bank & Trust Co. and C. K. Eddy & Sons.

Frank A. Rockwith, of Saginaw, Mich., and George R. Effler, of Toledo, Ohio, for appellee Charlotte Eddy Morgan.

Miller, Canfield, Paddock & Stone, of Detroit, Mich., and Venable, Baetjer & Howard, of Baltimore, Md., for appellee Mercantile Trust Co. of Baltimore.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.


PER CURIAM.

This cause has been heard and considered upon the transcript of the record and the briefs and oral argument of counsel.

The District Court recited in the final judgment, entered December 13, 1938, the findings of fact and conclusions therefrom that, on March 11, 1920, C. K. Eddy & Sons and Lila Eddy Doebler, counter-claimants' decedent, while of sound mind, entered into an agreement in writing, free from fraud, over-reaching and unconscionable...

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