HELMS v. DUCKWORTH

No. 13714.

249 F.2d 482 (1957)

Rae E. HELMS, Administratrix of the Estate of Charles W. Easterday, deceased, Appellant, v. Raymond F. DUCKWORTH et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided September 19, 1957.


Attorney(s) appearing for the Case

Mr. Benton C. Tolley, Jr., Washington, D. C., with whom Mr. John E. Larson, Washington, D. C., was on the brief, for appellant.

Mr. Geoffrey Creyke, Jr., Washington, D. C., with whom Mr. Henry M. Moore, Washington, D. C., was on the brief, for appellee Duckworth. Mr. J. Mitchell Brown, Washington, D. C., also entered an appearance for appellee Duckworth.

Mr. Philip S. Peyser, Washington, D. C., entered an appearance for appellee National Bank of Washington.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and BURGER, Circuit Judges.


BURGER, Circuit Judge.

Appellant, administratrix of the estate of Charles W. Easterday, sued for cancellation of a stock purchase agreement between Easterday and appellee Duckworth, by which the survivor would acquire the decedent's stock in a "two man" corporation. Both parties moved for summary judgment. The District Court granted summary judgment in favor of appellee.

The record discloses that in 1948 Easterday, then age 70, was engaged in business as a...

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