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LUECKE v. MERCANTILE BANK OF JONESBORO

Nos. 82-2253, 82-2254.

720 F.2d 15 (1983)

Ann M. LUECKE, Individually and as Executrix of the Estate of Nell S. Simpson, Deceased, Appellant, v. MERCANTILE BANK OF JONESBORO, Executor of the Estate of Samuel L. Simpson, Deceased, Marion S. Curtner, Mary Laura Beene and R.A. Simpson, Appellees. MERCANTILE BANK OF JONESBORO, Executor of the Estate of Samuel L. Simpson, Deceased, Cross-Appellant, v. Ann M. LUECKE, Executrix of the Estate of Nell S. Simpson, Deceased, Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 31, 1983.

Attorney(s) appearing for the Case

Gann, Fried & Edwards, William, MacGann, Houston, Tex., Barnes, Laney, Gaughan & Singleton, Robert S. Laney, Camden, Ark., Clayton L. Phillips, Jr., Conroe, Tex., for appellant.

G.D. Walker, Jonesboro, Ark., for appellees.

Before ROSS and McMILLIAN, Circuit Judges, and COLLINSON, Senior District Judge.

COLLINSON, Senior District Judge.

I. Introduction

Plaintiff Luecke and defendant Mercantile Bank of Jonesboro ("Mercantile") cross-appeal from a decision of the District Court1 in this action involving a wrongful death claim and disposition of the estates of Samuel and Nell Simpson. Issues on appeal are (1) the district court's use of the abstention doctrine; and (2) the calculation of damages in the wrongful death claim. The...

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