CONTINENTAL ILLINOIS NATIONAL B. & T. CO. OF CHICAGO v. FISH

Civ. A. No. 2713.

271 F.Supp. 48 (1967)

CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Executor under the Will of J. Theodore Fish, also known as Joseph Theodore Fish v. Ralph Milton FISH also known as Milton Fish and as R. Milton Fish, and George R. Scammon, as Executor under the Will of Ralph B. Fish.

United States District Court D. New Hampshire.

March 30, 1967.


Attorney(s) appearing for the Case

Boynton, Waldron & Dill, Richard E. Dill, Portsmouth, N. H., for plaintiff.

Flynn, Powell & McGuirk, Russell H. McGuirk, Portsmouth, N. H., for defendant Ralph Milton Fish.

John B. Ford, Salem, N. H., for defendant George R. Scammon, as executor under the Will of Ralph B. Fish.


ORDER ON MOTION BY DEFENDANT FISH TO DISMISS FOR LACK OF JURISDICTION

CONNOR, District Judge.

In this action, the plaintiff, Continental Illinois National Bank and Trust Company of Chicago (hereinafter referred to as Continental), executor under the will of J. Theodore Fish, alleges that defendant R. Milton Fish, brother of plaintiff's decedent, wrongfully appropriated to his own use certain stocks and/or bonds which his father, Ralph B. Fish, owned. J....

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