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BASSLER v. ARROWOOD

No. 73-1378.

500 F.2d 138 (1974)

Clarence J. BASSLER, Jr., et al., Appellants, v. Herschel S. ARROWOOD, Individually and as a Co-Executor under the Last Will and Testament of Archibald G. Bush, Deceased, and as a former director of the Bush Foundation, et al., Appellees, and Thomas Malone, as Clerk of the Probate Court, Ramsey County, Minnesota, et al., Nominal Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1974.

Rehearing and Rehearing Denied August 13, 1974.

Attorney(s) appearing for the Case

Thomas V. Koykka, Cleveland, Ohio, for appellants.

Richard G. Mark, Sp. Asst. Atty. Gen., Richard H. Kyle, and Neil P. Convery, St. Paul, Minn., for appellees.

Before GIBSON, STEPHENSON and WEBSTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 13, 1974.

STEPHENSON, Circuit Judge.

This diversity suit was brought by the executors of the estate of Mrs. A. G. Bush. The suit is against the executors of the estate of Mrs. Bush's husband, the Bush Foundation, and the foundation's directors and former directors, two of whom are the executors of the A. G. Bush estate. The cause of action is basically for fraud in the distribution of the husband's estate and in...

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