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HOYT v. CLANCEY

No. 14006.

180 F.2d 152 (1950)

HOYT v. CLANCEY.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 7, 1950.

Attorney(s) appearing for the Case

George J. Danforth, Sioux Falls, S.D., (T. R. Johnson, C. J. Delbridge and G. J. Danforth, Jr., Sioux Falls, S.D., on the brief) for appellant.

Frank Biegelmeier, Yankton, S.D., (Holton Davenport, Sioux Falls, S.D., on the brief) for appellee.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment of dismissal of an action brought to recover damages for fraud and deceit. Jurisdiction is based on diversity of citizenship. The plaintiff (appellant) is the sole legatee of her deceased husband, Howard B. Clancey, and the special administratrix of his estate. The defendant (appellee) is the brother of her deceased husband. Briefly stated, the plaintiff's claim is, in substance: (1) that in the spring of 1942...

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