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BOESENBERG v. CHICAGO TITLE & TRUST CO.

Nos. 7836, 7844.

128 F.2d 245 (1942)

BOESENBERG v. CHICAGO TITLE & TRUST CO. KROESCHELL et al. v. CHICAGO TITLE & TRUST CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 12, 1942.

Attorney(s) appearing for the Case

Wm. B. Goodstein and Leo S. Samuels, both of Chicago, Ill., for appellant Boesenberg.

J. Kentner Elliott, of Chicago, Ill., for appellant Kroeschell.

Geo. L. Pilkington and Edmund J. Reynolds, both of Chicago, Ill. (Saltiel & Pilkington and Edward P. Saltiel, all of Chicago, Ill., of counsel), for appellee.

Before SPARKS and MINTON, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff appeals from a dismissal of his complaint, the District Court having found that jurisdiction based upon diversity of citizenship did not exist for the reason that plaintiff's interest involved less than $3,000.

Plaintiff sued as representative of a class, great in number, all beneficiaries of a trust estate, averring that the trustees had been guilty of malfeasance, had wrongfully...

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