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HUTCHINSON v. PFEIL

No. 96-5031.

105 F.3d 562 (1997)

Thomas R. HUTCHINSON, Personal Representative of the Estate of Robert W. Hutchinson, deceased, Plaintiff-Appellant, v. Richard B. PFEIL and Mary Joan Pfeil, Defendants-Appellees. Sona Johnston, Nonparty Witness.

United States Court of Appeals, Tenth Circuit.

January 22, 1997.

Attorney(s) appearing for the Case

Glenn R. Beustring, Glenn R. Beustring and Associates, Tulsa, Oklahoma (Joan Godlove and Todd Alexander, Tulsa, Oklahoma, with him on the briefs), for Plaintiff — Appellant.

Lewis N. Carter, Doerner, Saunders, Daniel & Anderson, Tulsa, Oklahoma, for Defendant — Appellee.

James L. Kincaid and Cheryl L. Cooper, Crowe & Dunlevy, Tulsa, Oklahoma, and Barrett W. Freedlander, Weinberg and Green, Baltimore, Maryland, all on the brief for the Nonparty Witness.

Before EBEL, McWILLIAMS and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

This dispute arises over the ownership of a painting by the American Impressionist, Theodore Robinson, entitled Summer Hillside, Giverny. As personal representative of the estate of his father, Robert W. Hutchinson, Thomas R. Hutchinson brought an action in which he claimed that he was the owner of an undivided one-third interest in the painting. He sought a declaration of his ownership, partition of Summer Hillside, ...

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