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SUTTON v. EASTERN VIAVI CO.

No. 8257.

138 F.2d 959 (1943)

SUTTON et al. v. EASTERN VIAVI CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 8, 1943.

Attorney(s) appearing for the Case

Weightstill Woods, of Chicago, Ill., for appellant.

L. M. McBride and Edward H. Baker, Jr., both of Chicago, Ill., for appellee.

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

LINDLEY, District Judge.

Appellants, beneficiaries of a trust, sued the trustee and appellee, charging misapplication of trust funds by the trustee and praying restoration thereof. The only reference to appellee was that contained in two paragraphs of the complaint as follows:

"C-4 Recently plaintiffs have seen sundry letters, that were written by Perry L. Hole, (the trustee) wherein he has stated that he has been keeping the accounts of said Cummings Family...

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