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SEYMOUR v. JOHNSON

No. 12701.

235 F.2d 181 (1956)

Forest SEYMOUR and Bruce M. Seymour, Executors of the Estate of George Seymour, deceased, Appellants, v. Tom JOHNSON d/b/a Hazard Express Company and Claster Mullins, Appellees.

United States Court of Appeals Sixth Circuit.

June 6, 1956.

Attorney(s) appearing for the Case

Paul E. Adkins, Circleville, Ohio, for appellants.

O. J. Cockrell, Jackson, Ky., and Earl B. Rose, Beattyville, Ky., for appellees.

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

PER CURIAM.

This case came on to be heard upon the record and briefs and oral argument of counsel;

And it appearing that this is an action for alleged wrongful death occurring in Kentucky, instituted by executors alleged to reside in New York and Ohio, respectively, against a citizen of Kentucky;

And it appearing that under Kentucky law a foreign executor is not permitted to maintain such an action, Louisville & Nashville Railroad Co. v. Brantley...

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