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MASHAK v. HACKER

No. 13411.

297 F.2d 495 (1961)

Frank MASHAK, Plaintiff-Appellant, v. Wilber F. HACKER, Harriet Virginia Hacker, John F. Gibbons, Dorothy Delores (Reddish) Pasternak, Dorothy Lorraine (Reddish) Perry, Hubert Shaw, Floyd Isringhausen and Edna Hacker, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

December 14, 1961.

Attorney(s) appearing for the Case

Frank Mashak, St. Louis, Mo., for appellant.

Thomas L. Cochran, Springfield, Ill., Ralph E. Suddes, Mattoon, Ill., for appellee.

Edward F. Casey, Sorling, Catron & Hardin, Springfield, Ill., for defendants-appellees, Wilber F. Hacker, Harriet Virginia Hacker, John F. Gibbons, Edna M. Hacker and Floyd Isringhausen.

Before DUFFY, KNOCH and SWYGERT, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff, Frank Mashak, a Missouri citizen, instituted suit for declaratory judgment as to ownership of certain farm lands in Jersey County, Illinois, and for partition of those lands. Jurisdiction was based on diversity of citizenship.

Mr. Mashak asserted ownership of an undivided one-third interest in the farm lands. As to the remaining two-thirds interest, he alleged that the actual ownership was in doubt as the result of various...

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