JOHNSON v. MIDDLETON

No. 9725.

175 F.2d 535 (1949)

JOHNSON et al. v. MIDDLETON.

United States Court of Appeals Seventh Circuit.

June 30, 1949.


Attorney(s) appearing for the Case

Christopher C. Wimbish, and George N. Leighton, Chicago, Ill., for appellant.

Paul N. Dale, and Arthur S. Lytton, Chicago, Ill., Edmund W. Burke, Chicago, Ill., Burke, James & Burke, Chicago, Ill., and Dale, Lytton, Haffner & Grow, Chicago, Ill., for appellees.

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


KERNER, Circuit Judge.

Appellants, plaintiffs in a representative action for a declaratory judgment to determine their rights and interests in a certain parcel of real estate, appeal from the dismissal of their action on defendants' motion asserting failure to state a claim on which relief could be granted, predicated on res judicata and absence of diversity of citizenship.

The complaint was filed in the name of sixteen individuals in their own behalf and...

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