APPOLONIO v. BAXTER

Nos. 12220-12225.

217 F.2d 267 (1954)

E. J. APPOLONIO, Harold Danziger, Marshall L. Harper, J. M. Wood and O. F. Littlefield, v. Louise Rhea BAXTER, Administratrix C.T.A. of the Estate of Isaac T. Rhea. E. J. APPOLONIO v. Louise Rhea BAXTER, Admx. etc. Harold DANZIGER v. Louise Rhea BAXTER, Admx. etc. Marshall L. HARPER v. Louise Rhea BAXTER, Admx. etc. J. M. WOOD v. Louise Rhea BAXTER, Admx. etc. O. F. LITTLEFIELD v. Louise Rhea BAXTER, Admx. etc.

United States Court of Appeals Sixth Circuit.

December 6, 1954.


Attorney(s) appearing for the Case

Walter P. Armstrong, Jr., Memphis, Tenn. (Benjamin Goodman, of counsel, and Armstrong, McCadden, Allen Braden & Goodman, Memphis, Tenn., on the brief), for appellants.

A. Longstreet Heiskell, Memphis, Tenn., Lewis Rhea Baxter, Jacksonville, Fla., Chandler, Shepherd, Heiskell & Williams, Memphis, Tenn., Rogers, Towers & Bailey, Jacksonville, Fla., for appellee.

Before SIMONS, Chief Judge, and ALLEN and STEWART, Circuit Judges.


SIMONS, Chief Judge.

The five appellants are claimants against the estate of appellee's decedent who died in Shelby County, Tennessee, on October 2, 1952. They filed a joint claim against his estate in administration proceedings pending in the Probate Court of Shelby County. At the same time, each also filed an individual claim against the estate. The causes were all removed to the United States District Court, where the administratrix, after obtaining answers from...

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