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LOUISVILLE TRUST COMPANY v. SMITH

No. 14628.

295 F.2d 107 (1961)

LOUISVILLE TRUST COMPANY, and Citizens Fidelity Bank and Trust Company, Joint Administrators with the Will Annexed of the Estate of John A. O'Brien, Deceased, Plaintiffs-Appellees, v. Patricia R. SMITH, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

October 13, 1961.

Attorney(s) appearing for the Case

Walter B. Smith, Louisville, Ky., for defendant-appellant, Patricia R. Smith.

Irvin Marcus, R. Lee Blackwell, Bullitt, Dawson & Tarrant, Louisville, Ky., for plaintiff-appellees, Louisville Trust Co. and Citizens Fidelity Bank & Trust Co., joint administrators with the will annexed of the estate of John A. O'Brien, deceased.

Before CECIL, WEICK and O'SULLIVAN, Circuit Judges.

PER CURIAM.

The order of the District Court, from which this appeal was taken, granted plaintiffs' motion for leave to file an amended reply to defendant's counterclaim; granted plaintiffs' motion for summary judgment on defendant's counterclaim and denied defendant's motion for leave to file an amended counterclaim.

The District Court has not yet made any disposition of plaintiff's claim for relief set forth in their complaint which is still pending in that...

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