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ROSEN v. CAIN

Nos. 11947, 11948.

211 F.2d 809 (1954)

ROSEN v. CAIN et al. CAIN et al. v. ROSEN.

United States Court of Appeals District of Columbia Circuit.

Decided April 15, 1954.

Attorney(s) appearing for the Case

Mr. Stanley H. Kamerow, Washington, D. C., with whom Mr. Allan L. Kamerow, Washington, D. C., was on the brief, for appellant in No. 11947 and appellee in No. 11948.

Mr. William H. Clarke, Washington, D. C., for appellees in No. 11947 and appellants in No. 11948. Mr. Richard W. Galiher, Washington, D. C., entered an appearance for appellees in No. 11947 and appellants in No. 11948.

Before WILBUR K. MILLER, PRETTYMAN and FAHY, Circuit Judges.

PER CURIAM.

The appellees in No. 11,947 sued for specific performance of a contract with the appellant by the terms of which the latter agreed to sell them a "proprietary lease" on a unit in a co-operative apartment house owned and operated by a corporation which he controlled.

Appellant resisted on the ground that a condition precedent — approval of the purchasers by the corporation's directors — had not been met. It appeared, however, that...

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