KITTREDGE v. STEVENS

No. 3741.

126 F.2d 263 (1942)

KITTREDGE v. STEVENS et al.

Circuit Court of Appeals, First Circuit.

March 10, 1942.


Attorney(s) appearing for the Case

Scott F. Kittredge, pro se, of Portland, Me. (Francis N. Balch, of Boston, Mass., on the brief), for appellant.

Frank H. Stevens, pro se, of Boston, Mass., appellee.

Philip R. White, of Boston, Mass. (Edwin A. Howes and Hutchins & Wheeler, all of Boston, Mass., on the brief), for American Surety Co. of N. Y., appellee.

Albert B. Carey, of Boston, Mass. (Samuel H. Batchelder and Peabody, Arnold, Batchelder & Luther, all of Boston, Mass., on the brief), for Fidelity & Deposit Co. of Maryland, appellee.

Hubert C. Thompson, of Boston, Mass. (Thompson & Twomey, of Boston, Mass., on the brief), for Louis L. Green and Globe Indemnity Co., appellee.

Ralph H. Willard and Asa S. Allen, both of Boston, Mass., on brief for Aetna Casualty & Surety Co., appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


MAHONEY, Circuit Judge.

This is an appeal from a judgment of the district court granting the defendants' motion to dismiss the action on the ground that the court lacked jurisdiction over the subject matter.

The original plaintiff1 filed a "Complaint for Accounting" in the district court alleging that the plaintiff is the heir-at-law and successor-in-interest of Sarah C. Shapley, widow of George H. Shapley. The complaint asserts...

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