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DAY v. WILSON

Nos. 6403, 6404.

286 F.2d 274 (1961)

Warren F. DAY, Appellant, v. Viola V. WILSON and Theodore E. Roth, Joint Administrators of the Estate of John L. Wilson, deceased, Appellees. Viola V. WILSON and Theodore E. Roth, Joint Administrators of the Estate of John L. Wilson, deceased, Cross-Appellants, v. Warren F. DAY, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 15, 1961.

Attorney(s) appearing for the Case

Clyde J. Watts (of Looney, Watts, Looney, Nichols & Johnson), Oklahoma City, Okl., for appellant Warren F. Day.

Charles R. Nesbitt, Oklahoma City, Okl. (William L. Walker, Lincoln, Neb., with him on the brief), for appellees Viola V. Wilson and Theodore E. Roth.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and RICE, District Judge.

MURRAH, Chief Judge.

This appeal and cross-appeal involve the rights and liabilities of the parties, arising out of the dissolution of a partnership. Jurisdiction is based upon diversity and requisite amount in controversy. The suit was instituted in rem, and the court sustained its jurisdiction under 28 U.S.C. § 1655,1 but the parties have entered their appearances, and there can be no question of the court's jurisdiction over the...

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