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SIMMONS v. FIRST FEDERAL SAVINGS & LOAN ASS'N

Civ. A. No. 3523-54.

132 F.Supp. 370 (1955)

Lawrence J. SIMMONS, Committee of Eula Ketner Hayes, Plaintiff, v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF WASHINGTON, Perpetual Building Association, of the District of Columbia, Susan Fitzhugh Ketner, infant, Mary Hillhouse Ketner, infant, Defendants.

United States District Court District of Columbia.

June 24, 1955.

Attorney(s) appearing for the Case

Thomas Barrett Scott, Washington, D. C., for plaintiff.

Milton I. Baldinger, Washington, D. C., for First Federal Savings and Loan Ass'n.

Samuel Scrivener, Jr., Washington, D. C., for Perpetual Building Ass'n.

James S. Brocard, Washington, D. C., Guardian ad Litem for Susan Fitzhugh Ketner, Mary Hillhouse Ketner.

MATTHEWS, District Judge.

This action has been instituted by the committee of Eula Ketner Hayes for construction of purported trusts created by her at times prior to May 4, 1954 when she was adjudicated of unsound mind. The matter now before the court is a motion by the plaintiff entitled "Motion for Declaratory Judgment" which will be treated herein as a motion for summary judgment. The motion was submitted on the pleadings, exhibits and papers herein but the court...

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