Kammholz v. Allen

CASHIN, District Judge.

Plaintiffs move for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The answering defendants (Lester A. Kent, pursuant to stipulation, is not yet required to answer) cross-move for summary judgment and also move for dismissal of the complaint for failure to state a claim upon which relief can be granted. Rule 12(b) of the Federal Rules of Civil Procedure.

The facts, as pleaded in the complaint, insofar as they are relevant to this decision, are as follows:

Rudolf Lesch, an American citizen of German descent, died testate on March 9,…