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CURTIS v. BRUNSTING

No. 12-20164.

704 F.3d 406 (2013)

Candace Louise CURTIS, Plaintiff-Appellant v. Anita Kay BRUNSTING; Does 1-100; Amy Ruth Brunsting, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 9, 2013.

Attorney(s) appearing for the Case

Candace Louise Curtis, Martinez, CA, pro se.

George William Vie, III , Mills Shirley, L.L.P., Bernard Lilse Mathews, III , Green & Mathews, L.L.P., Houston, TX, Defendants-Appellees.

Before HIGGINBOTHAM, SMITH, and ELROD, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal concerns the scope of the probate exception to federal subject-matter jurisdiction in the wake of the Supreme Court's decision in Marshall v. Marshall.1 The Plaintiff contends that, under Marshall, her claims for breach of fiduciary duty against the co-trustees of an inter vivos trust do not implicate the probate exception. We agree.

I.

In 1996, Elmer H...

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