U.S. Court of Appeals for the Seventh Circuit
Goldie Lavine, Plaintiff-Appellee v. Philip A. Shapiro, Defendant-Appellant
July 1, 1958257 F.2d 14
Summary
The court affirmed summary judgment for the plaintiff on her claim for her share of rents because the defendant produced no evidence that she directly or indirectly participated in contesting the will. The court held that hostility toward the defendant and the activities of plaintiff's attorney on behalf of plaintiff's children did not establish participation in the will contest. It also rejected the argument that pending state-court proceedings required the federal court to decline or stay jurisdiction because the action was in personam and sought a money judgment.