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YORKE v. FRANK

No. 13261.

295 F.2d 580 (1961)

Nathan YORKE, Trustee in Bankruptcy of Abraham M. Liebling, Bankrupt, and Frederick Levy, Jr., et al., Plaintiffs-Appellants, v. Esther FRANK, Fay Liebling, Eleanor Becker, individually and as Trustee under Trust Agreement dated October 14, 1956, Steven Schuham and Anthony Schuham, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 4, 1961.

Attorney(s) appearing for the Case

Edward R. Lev, Louis A. Kohn, Chicago, Ill. (Mayer, Friedlich, Spiess, Tierney, Brown & Platt, Chicago, Ill., of counsel), for appellants.

Maurice J. Walsh, Chicago, Ill., for appellees.

Before DUFFY and CASTLE, Circuit Judges, and MERCER, District Judge.

CASTLE, Circuit Judge.

This appeal is taken from an order of the District Court of the Northern District of Illinois dismissing for lack of venue one of the defendants to a plenary action brought by the Trustee in Bankruptcy and is here pursuant to leave to appeal granted by this Court.

On October 29, 1958, the Trustee in Bankruptcy of Abraham M. Liebling commenced a plenary action against Esther Frank, daughter of the bankrupt, by filing his complaint in...

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