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NATIONAL BANK OF TOPEKA v. GRAHAM

Civ. No. 9900.

156 F.Supp. 471 (1957)

NATIONAL BANK OF TOPEKA, as Administrator of the Estate of Robert Lee Graham, deceased, v. William Axer GRAHAM and Union Trust Company of Maryland, individually and as trustees under deed of trust from Robert Lee Graham, dated May 21, 1949.

United States District Court D. Maryland, Civil Division.

November 18, 1957.

Attorney(s) appearing for the Case

Herbert R. O'Conor and Herbert R. O'Conor, Jr., Baltimore, Md., and J. A. Dickinson, Topeka, Kan., for plaintiff.

J. Gilbert Prendergast and Richard W. Case, Baltimore, Md., for William Axer Graham, individually and as one of the trustees.

Cable & McDaniel, John W. Cable, III, and John S. McDaniel, Jr., Baltimore, Md., for Union Trust Co. of Maryland, individually and as one of the trustees.

THOMSEN, Chief Judge.

Plaintiff, administrator of the estate of Robert Lee Graham, who died on March 21, 1957, has sued defendants, individually and as trustees under a deed of trust from Robert Lee Graham dated May 21, 1949, seeking (1) a "judgment requiring defendants to pay over and deliver to the plaintiff the corpus and undistributed income of said trust estate", (2) "a further judgment for all loss, diminution, damage, attorneys fees, and expenses occasioned...

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