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FRIELE v. SCHAFFER

Nos. 207, 208.

177 F.Supp. 654 (1959)

Harald B. FRIELE, as Executor of the Estate of Katherine Isabel Friele, Deceased, and Kathy Friele, Barbara Friele and Christine Friele, Infants, by Gareld F. Krieg, their next friend, and Harald B. Friele, Plaintiffs, v. Alfred M. SCHAFFER, Irving L. Young, William Houston Evans and James Alderman Evans, Jr., as Executors of the Estate of C. R. Vose, Deceased, Defendants. Haakon B. FRIELE, as Executor of the Estate of Aslaug B. Friele, Deceased, and Harald B. Friele, Haakon F. S. Friele and Rolf Friele, and Haakon B. Friele, Plaintiffs, v. Alfred M. SCHAFFER, Irving L. Young, William Houston Evans and James Alderman Evans, Jr., as Executors of the Estate of C. R. Vose, Deceased, Defendants.

United States District Court D. Montana, Billings Division.

October 6, 1959.

Attorney(s) appearing for the Case

Coleman, Lamey & Crowley, Billings, Mont., Allen, DeGarmo & Leedy, Seattle, Wash., for plaintiffs.

Cooke, Moulton, Bellingham, & Longo, Billings, Mont., Sande, Symmes, Forbes & Brown, Billings, Mont., for defendants.

JAMESON, District Judge.

Defendants have filed a motion to dismiss in each of these cases on the ground that it affirmatively appears from the complaint that the plaintiffs are residents of the State of Washington, that two of the defendants are citizens of the State of New York, and two are citizens of the Territory of Virgin Islands, and that venue therefore is improper under 28 U.S.C.A. § 1391(a).

The defendants are executors of the estate of C. R...

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