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DWYER v. MATSON

No. 3471.

163 F.2d 299 (1947)

DWYER v. MATSON et al.

Circuit Court of Appeals, Tenth Circuit.

July 16, 1947.

Attorney(s) appearing for the Case

Homer V. Gooing, of Wichita, Kan. (Howard T. Fleeson, Wayne Coulson and Paul R. Kitch, all of Wichita, Kan., on the brief), for appellant.

Austin M. Cowan, of Wichita, Kan. (W. A. Kahrs and Robert H. Nelson, both of Wichita, Kan., Paul R. Wunsch and Chas. C. Calkin, both of Kingman, Kan., and Verne M. Laing, of Wichita, Kan., on the brief), for appellees.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action for a declaratory judgment in which Patrick A. Dwyer, the plaintiff, sought a declaration that he was the owner of an undivided one-fourth interest in certain real estate in Kingman County, Kansas. Judgment was entered for the defendants and Dwyer has appealed.

Dwyer was the surviving spouse of Alice A. Wilson Dwyer, the owner of an undivided one-half interest in the real estate in question. The parties were married...

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