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KAUSCH v. FIRST WICHITA NAT. BANK OF WICHITA FALLS, TEX.

No. 72-1846. Summary Calendar.

470 F.2d 1068 (1972)

Jeanette Thomas KAUSCH, Plaintiff-Appellant, v. The FIRST WICHITA NATIONAL BANK OF WICHITA FALLS, TEXAS, as Independent Executor of the Estate of Louise Thomas Cook, Deceased, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 5, 1973.

Attorney(s) appearing for the Case

Perry Wesbrooks, Wichita Falls, Tex., for plaintiff-appellant.

H. W. Fillmore, Elmer H. Parish, Wichita Falls, Tex., for First Wichita Nat. Bank.

Forrest Bowers, Lubbock, Tex., for Gumula & Children.

James H. Walker, Dallas, Tex., Clyde Fillmore, Wichita Falls, Tex., for Texas Scottish Rites Hosp.

Sue Nixon Britt, Robert Kearns, Billie Joe Kearns, pro se.

Eva Lee Finlayson, Jr., Lubbock, Tex., Trustee for Craig Finlayson.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Appellant Jeanette Thomas Kausch, seeking to set aside a will previously admitted to probate in Texas, brought this diversity suit in federal District Court. The District Court dismissed her suit for lack of federal jurisdiction. We affirm.

Federal jurisdiction based on diversity of citizenship, under 28 U.S.C.A. § 1332, is subject to a well-known, judge-made exception that federal courts generally will not act in probate matters...

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