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HABERLAND v. HABERLAND

Nos. 13621-13642.

303 F.2d 345 (1962)

Karen HABERLAND, John Haberland, Pat Haberland, Michael Haberland, Gale Haberland, Anna Haberland, Colleen Haberland and Rebecca Haberland, Minors, by Their Guardian Anna M. Haberland, v. William F. HABERLAND, Appellant, and The Connecticut General Life Insurance Company. Karen HABERLAND, John Haberland, Pat Haberland, Michael Haberland, Gale Haberland, Anna Haberland, Colleen Haberland and Rebecca Haberland, Minors, by Their Guardian Anna M. Haberland, Appellants, v. William F. HABERLAND and The Connecticut General Life Insurance Company.

United States Court of Appeals Third Circuit.

Decided January 29, 1962.

Rehearing Denied March 15, 1962.

Attorney(s) appearing for the Case

John L. Bailey, Pittsburgh, Pa. (Weller, Wicks & Wallace, Pittsburgh, Pa., on the brief), for plaintiffs, appellants in 13642 and appellees in 13621.

Richard K. Walling, Cleveland, Ohio (Gilbert J. Helwig, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for defendant, appellant in 13621 and appellee in 13642.

Before BIGGS, Chief Judge, and McLAUGHLIN and FORMAN, Circuit Judges.

BIGGS, Chief Judge.

The plaintiffs are the minor children of Otto W. Haberland, now deceased, and of his former wife Anna. They brought the suit at bar by their mother and natural guardian, originally in the Court of Common Pleas of Allegheny County, against their uncle, their father's brother, William Haberland, a citizen of Ohio. It was removed by consent to the court below which has jurisdiction by virtue of diversity and jurisdictional amount. The controversy...

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