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BURKE v. THOMAS J. FISHER & COMPANY

Nos. 12151, 12154.

219 F.2d 767 (1955)

Anne BURKE, and River Road Development Corporation, a corporation, Appellants, v. THOMAS J. FISHER & COMPANY, Inc., a corporation, et al., Appellees. THOMAS J. FISHER & COMPANY, Inc., Appellant, v. Leo F. DONOVAN and Catherine J. Donovan et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 1955.

Petition for Rehearing Denied March 22, 1955.

Attorney(s) appearing for the Case

Mr. Charles P. Liff, Washington, D. C., with whom Messrs. H. Max Ammerman and Harold J. Nussbaum, Washington, D. C., were on the brief, for Burke et al.

Mr. Dan Piver, Washington, D. C., with whom Mr. Charles E. Ford, Washington, D. C., was on the brief, for Donovan.

Mr. John L. Hamilton, Washington, D. C., with whom Mr. George E. Hamilton, Jr., Washington, D. C., was on the brief, for Thomas J. Fisher & Co. et al.

Before WILBUR K. MILLER, WASHINGTON and DANAHER, Circuit Judges.

PER CURIAM.

Anne Burke and River Road Development Corporation appeal from the District Court's judgment which dismissed their complaint against Leo F. Donovan and Catherine J. Donovan for specific performance of a contract for the sale of real estate or, alternatively, for damages in the sum of $150,000. Thomas J. Fisher & Company, Inc., the real estate broker with which Burke and River Road had made a deposit of $5,000, appeals from the judgment, which in effect...

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