Jane Borda Feick, Joseph L. Borda, Jr., Anthony Borda, Charles Borda, Jr., and Ann Borda Marin v. Charles J. Fleener and Sally Fleener Cave

NEWMAN, Judge:

We are faced with a family dispute wherein appellants seek recovery from appellees of some fifty thousand dollars representing a portion of the legal fees paid by appellants for services rendered in connection with a decedent’s estate which allegedly benefited appellees. 1 Appellants, who are brothers and sisters, also are cousins of appellees; appellees are brother and sister.

This is an appeal from an order of the District Court, per Judge Whitman Knapp, dated July 31, 1979, dismissing the first cause of action in the complaint under Rule 12(b)(6) of the Federal Rules of Civil…