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STARR v. RUPP

Nos. 19384 and 19385.

25 Ohio Misc. 224 (1970)

STARR, APPELLANT, v. RUPP ET AL., APPELLEES. LILLIE ET AL., APPELLANTS, v. RUPP ET AL., APPELLEES.

United States Court of Appeals, Sixth District.

Decided February 12, 1970.

Attorney(s) appearing for the Case

Mr. Emanuel Gersten, for appellants.

Messrs. Rupp, Hahn & Hayward and Mr. Franklin F. Hayward, for Lyman G. Rupp, Kenneth E. Brock and American Mat Corp. of Delaware.

Messrs. Shumaker, Loop & Kendrick, and Mr. John W. Hackett, Jr., for Harlan L. Lea, Koneta Rubber Co., Inc, Koneta, Inc., and American Mat Corp. of Ohio.

Before WEICK and COMBS, Circuit Judges, and TAYLOR, District Judge.

WEICK, Circuit Judge.

Plaintiffs have appealed from an order of the District Court granting defendants' motion for summary judgment and from the denial of their cross-motion for summary judgment.

Plaintiff Starr, a beneficiary and trustee named in the will of Dudley W. Moor, deceased, brought his action in the District Court for damages against defendant Rupp, as executor1 and individually, for alleged mishandling of the assets...

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