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TURJA v. TURJA

No. 96-2413.

118 F.3d 1006 (1997)

John A. TURJA; Richard H. Turja, Plaintiffs-Appellants, v. Stephen F. TURJA, Individually and as executor of the estate of Marion A. Turja, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Scott Larson, Angelo I. Castelli, Greenbelt, MD, for Appellants. James Carlton Howard, Jr., Bean, Kinney & Korman, P.C., Arlington, VA, for Appellee.

Before MURNAGHAN and MOTZ, Circuit Judges, and STAMP, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge MURNAGHAN and Chief Judge STAMP joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The appeal involves the venerable, but infrequently discussed, probate exception to a federal court's diversity jurisdiction. Two brothers brought this action against a third brother alleging that he exercised undue influence over their mother, which led her to execute a will, a trust agreement...

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