Sternberg v. St. Louis Union Trust Co.

HULEN, District Judge.

Since ruling on the motion for summary judgment, a trial has been had on the remaining issues under Counts 1 and 2 of the complaint. Defendant renews its request *25that judgment be stayed on Count 1 pending decision by the Illinois Supreme Court on appeal in the will contest, citing Atwood v. Rhode Island Hospital Trust Company, 1 cir., 34 F.2d 18. If the decision of the Illinois Supreme Court were decisive of the issues in this case, as in the case cited, we would be disposed to grant defendant’s request. But such is not the case. Even if the Illinois Supreme Court…