BIRD v. STEIN

No. 14228.

204 F.2d 122 (1953)

BIRD et al. v. STEIN et al.

United States Court of Appeals Fifth Circuit.

May 8, 1953.


Attorney(s) appearing for the Case

Frank E. Everett, Jr., Brunini, Everett, Grantham & Quin, Vicksburg, Miss., for appellants.

H. P. Farish, W. C. Keady and Edward J. Bogen, Farish, Keady & Campbell, Greenville, Miss., for appellees.

Before HOLMES, STRUM, and RIVES, Circuit Judges.


HOLMES, Circuit Judge.

The appellants brought this suit to obtain an accounting and discovery from two of their brothers, alleging that one of the brothers, Lawrence Stein, as co-trustee with the appellant Ethel Gold under the will of their father, V. A. Stein, had operated the trust property, a plantation in Mississippi, for his own benefit and had commingled the profits thereof with his own funds. The appellees denied that a trust existed, or that Lawrence Stein...

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