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DeWITT v. DUCE

No. 80-5269.

675 F.2d 670 (1982)

Evelyn G. DeWITT and Mabel M. DeWitt, Plaintiffs-Appellants, v. Estelle R. DUCE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

May 10, 1982.

Attorney(s) appearing for the Case

John R. Vintilla, Cleveland, Ohio, for plaintiffs-appellants.

John W. Hewitt, Palm Beach, Fla., for defendants-appellees.

Before TUTTLE, RONEY and VANCE, Circuit Judges.

PER CURIAM:

Plaintiffs brought a diversity jurisdiction suit for tortious interference with an inheritance. The district court dismissed the complaint for lack of subject matter jurisdiction because the case dealt with state probate matters. We reversed and remanded. DeWitt v. Duce, 599 F.2d 676 (5th Cir. 1979). On remand, the district court held that plaintiffs were precluded by Florida law from proving a necessary element...

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