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BOYD v. LaMASTER

Nos. 89-6471, 89-6500.

927 F.2d 237 (1991)

Sara Louise Hickey BOYD and James Hickey, Plaintiffs-Appellants, Cross-Appellees, v. Elaine LaMASTER, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 7, 1991.

Rehearing Denied April 16, 1991.

Attorney(s) appearing for the Case

Joseph L. White, Louisville, Ky. and William H. LeVitus (argued), Chicago, Ill., for plaintiffs-appellants, cross-appellees.

Robert C. Hobson, Richard H.C. Clay, Joseph L. Lenihan (argued), and Joseph L. Lenihan, Woodward, Hobson & Fulton, Louisville, Ky., for defendant-appellee, cross-appellant.

Before NELSON and RYAN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

DAVID A. NELSON, Circuit Judge.

This is an appeal from a grant of summary judgment for the defendant in a diversity action brought to recover trust assets allegedly transferred to the defendant improperly.

The plaintiffs' mother had a life interest in the trust, and the plaintiffs had the remainder interest. The mother served as co-trustee with her daughter, Sara Boyd, who is one of the plaintiffs. Sara Boyd and her brother, who is the other plaintiff, alleged...

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