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MILMOE v. TOOMEY

No. 19485.

356 F.2d 793 (1966)

Cornelius M. MILMOE, Administrator of the Estate of Margaret M. Milmoe, Deceased, Appellant, v. John J. TOOMEY, Ancillary Administrator, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 13, 1966.

Attorney(s) appearing for the Case

Mr. James F. Bromley, Washington, D. C., for appellant. Mr. Hugh Lynch, Jr., Washington, D. C., was on the brief.

Mr. Robert E. Simpson, Washington, D. C., for appellee. Mr. Gerald J. O'Rourke, Jr., Washington, D. C., was on the brief.

Before WRIGHT, McGOWAN and LEVENTHAL, Circuit Judges.

McGOWAN, Circuit Judge.

This appeal challenges the jurisdiction of the District Court, sitting in probate, to appoint an ancillary administrator by reason of an asset in the District of Columbia consisting solely of the protection against liability afforded by an automobile insurance policy. The precise nature of the contention made here can be understood only against the somewhat unusual factual background, which is reviewed immediately hereinafter. We conclude that...

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