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WARNER v. FIRST NATIONAL BANK OF MINNEAPOLIS

No. 15478.

236 F.2d 853 (1956)

Harold L. WARNER, Appellant, v. FIRST NATIONAL BANK OF MINNEAPOLIS, Appellee.

United States Court of Appeals Eighth Circuit.

September 11, 1956.

Attorney(s) appearing for the Case

R. H. Fryberger, Minneapolis, Minn. (M. R. Keith, Minneapolis, Minn., was with him on the brief), for appellant.

Joseph H. Colman, Minneapolis, Minn. (Harold G. Cant, Frank W. Plant, Jr., John G. Dorsey, Dorsey, Owen, Barker, Scott & Barber, and Cant, Taylor, Haverstock, Beardsley & Gray, Minneapolis, Minn., were with him on the brief), for appellee.

Before GARDNER, Chief Judge, and JOHNSEN and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal from a summary judgment dismissing plaintiff's petition upon the ground that plaintiff's cause of action was barred by the statute of limitations. This action was commenced on February 15, 1954, and is a class suit for the benefit of parties interested in the estate of Ellsworth C. Warner, hereinafter called decedent, who died testate, a resident of Florida, on January 5, 1942. Decedent's will was admitted to probate...

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