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PACE v. FIRST NATIONAL BANK OF OSAWATOMIE, KANSAS

No. 9860.

404 F.2d 52 (1968)

Lena F. PACE, an Individual, Appellant, v. The FIRST NATIONAL BANK OF OSAWATOMIE, KANSAS, a Corporation, and Betty Jane Hartley, as Administratrix of the Estate of Vesta Crayton, Deceased, Appellees.

United States Court of Appeals Tenth Circuit.

November 27, 1968.

Attorney(s) appearing for the Case

Albert O. Kiesow, Kansas City, Kan., for appellant.

Willard L. Phillips, Kansas City, Kan., (P. B. McAnany, Thos. M. Van Cleave, Jr., James J. Lysaught, John J. Jurcyk, Jr., Bill E. Fabian and Robert E. Fabian, Kansas City, Kan., on brief) for appellee First National Bank of Osawatomie, Kansas.

Willis H. McQueary, Osawatomie, Kan., for appellee Betty Jane Hartley.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant-plaintiff Lena F. Pace claims two Kansas bank accounts on the ground that she is a surviving joint tenant. The trial court held that she was not and dismissed the action. Jurisdiction is based on diversity.

Plaintiff Lena Pace and decedent Vesta Crayton were friends of long standing. Vesta, who lived in Kansas, was in poor health. She owned property in California which was sold through the efforts of Lena acting under...

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