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BREAULT v. FEIGENHOLTZ

No. 15301.

358 F.2d 39 (1966)

William Joseph BREAULT and Bonnie Jo Ellen Kathryn Breault, Plaintiffs-Appellants, v. Harold L. FEIGENHOLTZ and Richard Dahm, individually and as executors and trustees under the Last Will and Testament of Kathryn M. Breault, deceased, Harold L. Feigenholtz, as Trustee and Eugene A. Busch, successor Trustee under the Last Will and Testament of Oscar J. Breault, deceased, Defendants-Appellees. Irma Meyers, Little Sisters of the Poor of Chicago, St. Hedwig Industrial School for Girls, Polish Manual Training School for Boys, Estelle Angela Breault, Kenneth Breault and Wesley Memorial Hospital, a corporation, Defendants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 13, 1966.

Rehearing Denied April 13, 1966.

Attorney(s) appearing for the Case

John J. Yowell, G. Kent Yowell, Chicago, Ill., for appellants.

Claire T. Driscoll, Henry F. Tenney, Richard P. Fredo, Jacob Shamberg, Chicago, Ill., J. Glenn Shehee, Wheaton, Ill., Hirsch E. Soble, Chicago, Ill., for appellees.

Before SCHNACKENBERG and CASTLE, Circuit Judges, and GRUBB, Senior District Judge.

Rehearing Denied April 13, 1966, (en banc).

CASTLE, Circuit Judge.

William Joseph Breault and Bonnie Jo Ellen Kathryn Breault, the plaintiffs-appellants, brought this diversity action in the District Court seeking a declaratory judgment as to their rights as heirs of their grandmother, Kathryn M. Breault, deceased and as heirs of their father, Oscar J. Breault, deceased, whose will they were contesting in an earlier filed and pending diversity action. Plaintiffs...

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