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SCULLEN v. BRAUNBERGER

No. 15222.

225 F.2d 10 (1955)

Clara B. SCULLEN, Executrix of the Estate of Frank M. Braunberger, Deceased, Appellant, v. Albert J. BRAUNBERGER, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 14, 1955.

Attorney(s) appearing for the Case

James G. McDowell, Jr., Des Moines, Iowa (J. R. McManus, Des Moines, Iowa, on the brief), for appellant.

J. C. Riley, Burlington, Iowa (J. C. Pryor and John Hale, Burlington, Iowa, on the brief), for appellee.

Before SANBORN, WOODROUGH and VOGEL, Circuit Judges.

WOODROUGH, Circuit Judge.

This action was brought in the Federal court by Albert J. Braunberger of Montana against his sister, Clara B. Scullen of Iowa, as executrix of the estate of their deceased brother, Frank M. Braunberger, to obtain declaratory judgment that the plaintiff Albert was the owner of certain securities in which the brother Frank had invested his money (about $28,000) during his lifetime, and also for decree in conformity with the declaration. It...

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