Opinion
No. 47.
December 29, 1942.
Appeal by William C. Sherman, Katherine M. Sherman and Wellmore B. Turner, executors of the estate of John Q. Sherman, deceased, from a judgment of the United States District Court for the Southern District of New York entered in the above-entitled action dismissing the complaint with costs to the defendant.
Allen Allen and Marston Allen, all of Cincinnati, Ohio, and Cooper, Kerr Dunham, of New York City (Marston Allen, of Cincinnati, Ohio, Thomas J. Byrne, of New York City, and Jos. W. Hatfield, of Dayton, Ohio, of counsel), for plaintiffs-appellants.
James W. Schmied, of New York City (Russell C. Terry, of New York City, of counsel), for defendant-appellee.
Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.
Judgment, 38 F. Supp. 360, affirmed on opinion below.