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STEVENS v. LOOMIS

No. 6268.

334 F.2d 775 (1964)

Helen McLanahan STEVENS, Plaintiff, Appellant, v. Chauncey C. LOOMIS et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

June 23, 1964.

Attorney(s) appearing for the Case

James D. St. Clair, Boston, Mass., with whom Robert E. Fast, Boston, Mass., was on brief, for appellant.

Wilmot R. Hastings and Robert J. Hallisey, Boston, Mass., with whom Bingham, Dana & Gould, Boston, Mass., was on brief, for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an appeal from the dismissal of a diversity action, brought in the district court for the district of Massachusetts, for the want of what the district court determined to be an indispensable party plaintiff. The theory or theories of recovery, and some of the facts are less than clear. This much appears. The sole plaintiff is a citizen of New York. She and her sister Elizabeth are the present income beneficiaries of a residuary trust...

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