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HUTCHINSON v. SPANIERMAN

No. 97-2752.

190 F.3d 815 (1999)

Thomas R. HUTCHINSON, individually, and as personal representative of the Estate of Robert W. Hutchinson, deceased, and the Estate of Anne E. Hutchinson, deceased, Plaintiff-Appellant, v. Ira SPANIERMAN, individually and as an agent of Ira Spanierman, Inc., Spanierman Gallery and Kennedy Galleries, Inc.; Ira Spanierman, Inc., a voluntarily dissolved New York corporation; Spanierman Gallery, an unincorporated association; William E. Jageman, individually and as a shareholder of Jageman and McGraw, Inc.; Jageman and McGraw, Inc., a voluntarily dissolved professional corporation; Robert H. Hahn, individually and as a member of Bamberger, Foreman, Oswald, and Hahn; Bamberger, Foreman, Oswald, and Hahn, a general partnership; and Rita Deere, individually and as an agent of Robert H. Hahn and Bamberger, Foreman, Oswald, and Hahn, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 10, 1999.

Attorney(s) appearing for the Case

Todd Alexander, Joan Godlove (argued), Tulsa, OK, Glenn R. Beustring, Tulsa, OK, for Plaintiff-Appellant.

John D. Hoover, Johnson, Smith, Pence, Densborn, Wright & Heath, Indianapolis, IN, for Defendant-Appellee Spanierman.

John D. Hoover, Sally F. Zweig, Thomas g. Burroughs, Johnson, Smith, Pence, Densborn, Wright & Heath, Indianapolis, IN, for Defendants-Appellees, Ira Spanierman Inc., Spanierman Gallery.

David T. Kasper, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, for Defendant-Appellee Bamberger, Foreman, Oswald & Hahn.

Before WOOD, JR., RIPPLE, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

This case deals with the rights of certain individuals concerning an art collection that began passing through intestate succession among several family members beginning more than a century ago. Robert Hutchinson originally filed suit for partition of the art collection in 1980 (the "1980 Case") in the District Court for the Southern District of Indiana. The district court dismissed Robert Hutchinson's 1980 Case after the court concluded that...

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