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ATKINS v. W. A. HARRIMAN & CO.

No. 166.

69 F.2d 63 (1934)

ATKINS v. W. A. HARRIMAN & CO., Inc.

Circuit Court of Appeals, Second, Circuit.

February 13, 1934.

Attorney(s) appearing for the Case

Peaslee & Brigham, of New York City (Edward. P. Marshall, of Tulsa, Okl., and Dexter Brigham, of New York City, of counsel), for appellant.

O'Brien, Boardman, Conboy, Memhard & Early, of New York City (John Vance Hewitt and Bernard Sobol, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

The suit was by bill in equity to set aside two contracts, together constituting an accord and satisfaction and settling the accounts of the parties arising from the following facts: In 1928 the plaintiff, an accountant, brought to the attention of the defendant, a banking corporation, an industrial company, the S. R. Dresser Mfg. Co., as a good possible investment. The parties agreed that if the defendant got all the shares of the Dresser...

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