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LATTA v. WESTERN INV. CO.

No. 11990.

173 F.2d 99 (1949)

LATTA et al. v. WESTERN INV. CO. et al.

United States Court of Appeals Ninth Circuit.

February 25, 1949.

Attorney(s) appearing for the Case

Busick & Busick, of Sacramento, Cal., Charles H. Seccombe, of Oakland, Cal., and S. J. Bennett, of Durham, N. C., for appellants.

Royal E. Handlos, Edward D. Landels and Landels & Weigel, all of San Francisco, Cal., Driver, Driver & Driver and J. Francis O'Shea, all of Sacramento, Cal., T. L. Chamberlain, of Auburn, Cal., Devlin & Devlin & Diepenbrock, of Sacramento, Calif., and R. S. Myers and E. J. Foulds, both of San Francisco, Cal., for appellees.

Before DENMAN, Chief Judge, ORR, Circuit Judge, and HARRISON, District Judge.

HARRISON, District Judge.

This is an appeal from a judgment arising over the granting of a motion to dismiss a complaint for declaratory and other relief, wherein plaintiffs seek to declare void a decree of distribution in the Mark Hopkins Estate, granted in 1883, or in the alternative a declaration that the decree failed to distribute the entire estate.

The complaint and amendments thereto in substance allege that Mark Hopkins died on March 29, 1878, and...

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