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WESSON v. CRAIN

No. 13603.

165 F.2d 6 (1948)

WESSON et al. v. CRAIN.

Circuit Court of Appeals, Eighth Circuit.

January 16, 1948.

Attorney(s) appearing for the Case

W. H. Jewell, of Little Rock, Ark. (J. W. House and R. C. Butler, both of Little Rock, Ark., on the brief), for appellants.

C. E. Daggett, of Marianna, Ark. (Reid & Roy, of Blytheville, Ark., and Daggett & Daggett, of Marianna, Ark., on the brief), for appellee.

Before SANBORN, WOODROUGH, and COLLET, Circuit Judges.

SANBORN, Circuit Judge.

The vital question for decision on this appeal is whether two of the beneficiaries of a business trust1 can maintain an action in federal court to remove a trustee for misconduct, without making the other beneficiaries of the trust parties to the action.

The appellants were plaintiffs in the District Court. Their complaint alleged, in substance, that they are, respectively, citizens of Massachusetts and...

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