HARRIS v. POLLOCK

No. 72-1364.

480 F.2d 42 (1973)

Janice HARRIS and June Parmenter, Plaintiffs-Appellants, v. Lenora POLLOCK, Individually and as Co-Executrix of the Estate of Lee Pollock, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 11, 1973.


Attorney(s) appearing for the Case

N. E. McNeill, Jr., Tulsa, Okl. (Pat Malloy, Tulsa, Okl., on the brief), for plaintiffs-appellants.

J. Duke Logan, Vinita, Okl. (Thomas R. Brett, Tulsa, Okl., on the brief), for defendants-appellees.

Before JONES, SETH and HOLLOWAY, Circuit Judges.


HOLLOWAY, Circuit Judge.

The issue on this appeal is whether, in view of a pending Oklahoma probate proceeding, these plaintiffs as heirs can maintain a diversity suit against co-executors and a bank for equitable relief and a determination of ownership of personalty which one co-executrix claims as her separate property, and which the plaintiffs claim should be made a part of the decedent's estate. The federal court dismissed on the ground that the state court had...

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