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UNITED STATES v. FIRST TRUST COMPANY OF SAINT PAUL

No. 15744.

251 F.2d 686 (1958)

UNITED STATES of America, Appellant, v. FIRST TRUST COMPANY OF SAINT PAUL, a Minnesota corporation, as Executor of the Last Will and Testament of Sophia V. H. Foster, Appellee, and Minnesota Historical Society, a Minnesota corporation; Ogden H. Hammond, as Executor of the Last Will and Testament of Sophia W. Hammond, deceased; Ogden H. Hammond and Clarence V. S. Mitchell, as trustees of a testamentary trust under said will for the benefit of Margaret Van S. H. Starr; Harriet K. Hammond; and John Doe and Mary Roe, whose true names are to plaintiff unknown, Appellees, and Elizabeth F. Vytlacil, Harriet F. Bunn and Roger Sherman Foster, Appellees.

United States Court of Appeals Eighth Circuit.

January 23, 1958.

Attorney(s) appearing for the Case

George Cochran Doub, Asst. Atty. Gen. (George E. MacKinnon, U. S. Atty., Melvin Richter, Samuel D. Slade and Marcus A. Rowden, Attys., Dept. of Justice, Washington, D. C., were with him on the brief), for appellant.

W. Dermot H. Stanley, New York City (McNeil V. Seymour, St. Paul, Minn., Donald F. Hyde and Frederic H. Poor, Jr., New York City, were with him on the brief), for appellees Ogden H. Hammond, as executor of the last will and testament of Sophia W. Hammond, deceased, and others.

David W. Raudenbush and Morgan, Raudenbush, Morgan, Oehler & Davis, St. Paul, Minn., submitted brief for appellee First Trust Co. of St. Paul, as executor of the last will and testament of Sophia V. H. Foster.

Before GARDNER, Chief Judge, and WOODROUGH and VOGEL, Circuit Judges.

VOGEL, Circuit Judge.

This action was commenced in Minnesota State District Court to quiet title to certain historical documents written in the main by William Clark, of the famed Lewis and Clark Expedition. The documents, herein referred to as the res, and whose whereabouts were unknown for approximately 150 years, were found in the attic of the St. Paul, Minnesota, home of a Mrs. Sophia V. H. Foster after her death in 1952. They were discovered in a desk formerly...

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