EWALD v. CITIZENS FIDELITY BANK AND TRUST CO.

No. 12870.

242 F.2d 319 (1957)

Gerald R. EWALD and Florence R. Ewald, Appellants, v. CITIZENS FIDELITY BANK AND TRUST CO., Inter Vivos Trustee for Sterling D. Ewald, Deceased, Citizens Fidelity Bank and Trust Co., Statutory Committee for Sterling D. Ewald, Deceased, Citizens Fidelity Bank and Trust Co., Executor of the Estate of Sterling D. Ewald, Deceased, and Citizens Fidelity Bank and Trust Co., as a Corporate Individual, Appellees.

United States Court of Appeals Sixth Circuit.

February 13, 1957.


Attorney(s) appearing for the Case

Edward A. Dodd, Louisville, Ky. (Raymond C. Stephenson, Louisville, Ky., on the brief), for appellants.

Nelson Helm, Louisville, Ky. (Thomas W. Bullitt, Louisville, Ky., on the brief), for appellees.

Before SIMONS, Chief Judge, and STEPHENS and McALLISTER, Circuit Judges.


McALLISTER, Circuit Judge.

Gerald R. Ewald and Florence R. Ewald filed suit in the district court setting forth that appellee, Citizens Fidelity Bank and Trust Co., in its various capacities as a fiduciary, had violated the trusts imposed upon it, and, accordingly, asked the court to investigate such breach of trust and order an accounting. On motion of the appellee, the district court dismissed the complaint.

The background of the case is as follows: On October...

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