MILLER v. MILLER

No. 537-69.

423 F.2d 145 (1970)

Ira B. MILLER, Individually and as Administrator with the Will Annexed of the estate of F. A. Miller, Deceased, Plaintiff-Appellant, v. E. E. MILLER and Joetyne M. Wright, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 17, 1970.


Attorney(s) appearing for the Case

Charles C. Spann, of Grantham, Spann, Sanchez & Rager, Albuquerque, N. M., for appellant.

R. C. Garland, Las Cruces, N. M. (Sam Laughlin, Jr., Roswell, N. M., and Garland, Martin & Martin, Las Cruces, N. M., on the brief), for appellees.

Before BREITENSTEIN and HOLLOWAY, Circuit Judges, and CHRISTENSEN, District Judge.


BREITENSTEIN, Circuit Judge.

The family fight of the Millers over the property of decedent F. A. Miller continues unabated. The diversity action before us was brought by Ira B. Miller, a son and devisee and also administrator with the will annexed of the decedent's estate. The defendants-appellees are another son, E. E. Miller, and his daughter, Joetyne Miller Wright. The action seeks the cancellation of a deed and a declaratory judgment to determine the validity...

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