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DEMPSEY v. GUARANTY TRUST CO. OF NEW YORK

No. 8230.

138 F.2d 663 (1943)

DEMPSEY v. GUARANTY TRUST CO. OF NEW YORK.

Circuit Court of Appeals, Seventh Circuit.

November 12, 1943.

Attorney(s) appearing for the Case

Norman Crawford and Thomas Hart Fisher, both of Chicago, Ill., for appellant.

Cyrus H. Adams and James P. Dillie, both of Chicago, Ill., and Otis T. Bradley, of New York City (Isham, Lincoln & Beale, and J. Sinclair Armstrong, all of Chicago, Ill., and Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City, of counsel), for appellee.

Before SPARKS, MAJOR, and MINTON, Circuit Judges.

SPARKS, Circuit Judge.

This is an appeal from an order denying a temporary restraining order and preliminary injunction, and sustaining appellee's motion to dismiss appellant's bill of complaint. It presents the question of the right of an ancillary administrator, appointed by the Probate Court of Cook County (Illinois) to administer the estate of a non-resident alien decedent, to compel a New York trust company, the custodian...

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