BROWN v. UNITED MISSOURI BANK, N.A.

No. 95-2426.

78 F.3d 382 (1996)

Jonathan D. BROWN; Deborah B. Billow; Nancy B. Brown; Gretchen A. Brown, Appellants, v. UNITED MISSOURI BANK, N.A.; Thomas Brown, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1996.


Attorney(s) appearing for the Case

Stephen Novack, Chicago, IL, argued (Bruce Braverman, on the brief), for appellants.

Dennis Palmer, Kansas City, MO, argued (Robert R. Raymond and William E. Quirk, on the brief), for United Missouri Bank.

Frederick H. Riesmeyer II, Kansas City, MO, argued, for Thomas Brown.

Before WOLLMAN, ROSS, and MURPHY, Circuit Judges.


WOLLMAN, Circuit Judge.

This is an appeal from the district court's grant of summary judgment to defendants on two claims and judgment as a matter of law (JAML) on the remaining claims following opening statements, in this diversity action. We reverse and remand for trial.

I.

Prior to his death, Maurice Brown (Maurice) created two trusts from his estate. Maurice's third wife, Virginia, was the income...

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