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EARLL v. PICKEN

Nos. 7297, 7298.

113 F.2d 150 (1940)

EARLL et al. v. PICKEN. PICKEN v. EARLL et al.

United States Court of Appeals for the District of Columbia.

Motion to Modify Decision Denied May 20, 1940.

Attorney(s) appearing for the Case

Charles A. Douglas, Hugh H. Obear, and Edmund D. Campbell, all of Washington, D. C., for appellants, and cross-appellees Earll and others.

John P. Labofish, of Washington, D. C., for appellee, and cross-appellant Picken.

Before EDGERTON, VINSON and RUTLEDGE, Associate Justices.

RUTLEDGE, Associate Justice.

The cross appeals are from a decree of the District Court allowing plaintiff, Harry E. Picken,1 $3,100 damages against defendants Donald M. Earll and Louise C. Earll for breach of trust. The controversy arises from the fact that Donald M. Earll assumed inconsistent positions as trustee for the plaintiff and as owner of adverse interests in the trust property, which he concealed by use of straw men and otherwise...

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