CARVEL v. THOMAS AND AGNES CARVEL FOUNDATION

Nos. 99-7203, 99-7205.

188 F.3d 83 (1999)

Pamela CARVEL, Petitioner-Appellant, v. THE THOMAS AND AGNES CARVEL FOUNDATION, As remainderman under the Last Will and Testament of Thomas Carvel, deceased, for a restraint on the transfer of certain funds, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 13, 1999.


Attorney(s) appearing for the Case

Michael H. Smith, Spitzer & Feldman P.C. (Ronald J. Offenkrantz, on the brief), New York, N.Y., for Petitioner-Appellant.

David R. Jewell, Orrick, Herrington & Sutcliffe LLP (David Sack, on the brief), New York, N.Y., for Respondent-Appellee.

Before: MESKILL and WALKER, Circuit Judges, and TRAGER, District Judge.


JOHN M. WALKER, JR., Circuit Judge:

This case is before us on the Thomas and Agnes Carvel Foundation's motion to dismiss two appeals. The appeals were taken from judgments of the United States District Court for the Southern District of New York (Charles L. Brieant, District Judge) dismissing two federal actions and remanding the cases to the Westchester County Surrogate's Court. For the reasons that follow, we grant...

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