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AIKEN v. PEABODY

No. 9380.

168 F.2d 615 (1947)

AIKEN et al. v. PEABODY et al.

Circuit Court of Appeals, Seventh Circuit.

December 23, 1947.

Attorney(s) appearing for the Case

Edmund D. Adcock, John W. Day, Lewis F. Jacobson, and Roger Q. White, all of Chicago, Ill., for appellants.

Walter Brewer and Edward J. Farrell, both of Chicago, Ill., for appellees.

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

KERNER, Circuit Judge.

Appellants appeal from an order denying their motion suggesting the death of Stuyvesant Peabody and the substitution of Anita Healy Peabody and Joseph Solari, executrix and executor of the last will and testament and of the estate of Stuyvesant Peabody, and allowing the cross-motion of the executrix and the executor that the suit, because of Peabody's death, be dismissed as to him and his estate.

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