Emma R. Moist v. Bernard Belk, Receiver for Brookdale Cemetery Association

PHILLIPS, Circuit Judge.

This ease is before the court upon defendants-appellees’ motion to dismiss the appeal as being frivolous. Oral arguments have been heard and briefs submitted.

Appellees’ position is that all issues pleaded in the district court have been or could have been raised in the protracted proceedings in the State courts of Michigan which began November 22, 1952, and have been contested bitterly and frequently in extended litigation since that time.

In the alternative, appellees have moved that appellants be required to execute a bond for security for costs and super-sedeas bond…