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KENTUCKY TRUST COMPANY v. SWEENEY

Civ. No. 3198.

163 F.Supp. 450 (1958)

The KENTUCKY TRUST COMPANY, Plaintiff, v. Allan G. SWEENEY et al., Defendants.

United States District Court W. D. Kentucky, Louisville Division.

January 22, 1958.

Attorney(s) appearing for the Case

A. Shelby Winstead, Louisville, Ky., for plaintiff, The Kentucky Trust Co.

Thomas W. Bullitt, Louisville, Ky., for defendant Citizens Fidelity Bank and Trust Co.

J. H. Gold, Louisville, Ky., for defendants Austine B. Morton, Jeanette Barton Green, Louise D. Dulaney, Frank B. Thompson, and Frank B. Thompson as executor of the estate of James P. Thompson.

Thomas E. Sandidge, Owensboro, Ky., Dan MacDougald, Atlanta, Ga., for defendants Fontaine Fox, Frances B. Fox, Barton Fox, and Gilmer Adams MacDougald and Dan MacDougald as executors of the estate of Jessie Adams MacDougald.

Albert Reutlinger, Louisville, Ky., for defendant Mary Fox Reutlinger.

BROOKS, District Judge.

This interpleader action is submitted on motion of the plaintiff, The Kentucky Trust Company, for a summary judgment declaring the rights of the parties with respect to the trust under the will of Henry S. Barton, deceased. Jurisdiction exists under Title 28 U.S.C.A. § 1335 and there is no issue as to any material fact. The plaintiff is the successor trustee under the will and claimants to a part of the trust assets are the plaintiff,...

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