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MacKAY v. COSTIGAN

Nos. 9836, 9838.

179 F.2d 125 (1950)

MacKAY v. COSTIGAN et al. (two cases).

United States Court of Appeals Seventh Circuit.

January 17, 1950.

Attorney(s) appearing for the Case

John H. Bishop, John M. Falasz, Chicago, Ill. Bishop, Mitchell & Burdett, Chicago, Ill. for MacKay.

Robert L. Epstein, Chicago, Ill. John E. Toomey, McCarthy, Toomey & Reynolds, Chicago, Ill. Frank A. McCarthy, John J. Moran, Chicago, Ill., for Costigan.

Before KERNER, FINNEGAN and SWAIM, Circuit Judges.

FINNEGAN, Circuit Judge.

This is a proceeding to contest the will of Margaret MacKay, deceased. Federal jurisdiction is based on diversity of citizenship. The plaintiff, Albert E. MacKay, is a citizen and resident of the State of Oregon. He is the uncle and only heir at law of Margaret MacKay, deceased. The defendants including the executor of the estate of Margaret MacKay and the legatees under her last will and testament are all citizens and residents of the State...

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