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GIBSON v. SECURITY TRUST CO.

No. 6536.

201 F.2d 573 (1953)

GIBSON et al. v. SECURITY TRUST CO. et al.

United States Court of Appeals Fourth Circuit.

Decided January 31, 1953.

Attorney(s) appearing for the Case

Gilbert S. Bachmann, Wheeling, W. Va. (Carl G. Bachmann, Wheeling, W. Va., and Thomas A. Hamilton, Mobile, Ala., on the brief), for appellants.

August W. Petroplus and D. Paul Camilletti, Wheeling, W. Va., for appellee Security Trust Co.

James G. McClure, Wheeling, W. Va. (Frank A. O'Brien, Wheeling, W. Va., on the brief), for appellees Ervin C. Fuhr and Ruth Fuhr.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from a summary judgment dismissing an action instituted to obtain a declaratory judgment and enforce the rights of plaintiffs under the terms of a trust instrument. 107 F.Supp. 766. The case was heard upon the allegations of the pleadings and admissions of counsel in the course of a pretrial conference. Plaintiffs contend that they have been denied their day in court and the question presented...

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