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BOOKOUT v. SCHINE CHAIN THEATRES

No. 183, Docket 23192.

253 F.2d 292 (1958)

Raymond E. BOOKOUT, as Administrator, Appellant, v. SCHINE CHAIN THEATRES, Inc., et al., Appellees.

United States Court of Appeals Second Circuit.

Decided March 11, 1958.

Attorney(s) appearing for the Case

Russell Hardy, Washington, D. C., Warner F. Thompson, Lockport, N. Y. (Russell Hardy, Sr., Russell Hardy, Jr., John F. Clagett, Washington, D. C., of counsel), for appellant.

Raichle, Tucker & Moore, Frank G. Raichle, Buffalo, N. Y. (James O. Moore, Jr., Albany, N. Y., of counsel), for appellees.

Before HAND, HINCKS and LUMBARD, Circuit Judges.

HAND, Circuit Judge.

Upon this appeal, coming as it does from a summary judgment dismissing the complaint, the plaintiff is concededly entitled to have all disputed issues resolved in his favor. On that assumption the substance of the facts is as follows. The plaintiff is the administrator c.t.a. of one, Dickinson, who had owned "a controlling interest" in Lock City Theatres, Inc., which held title to a parcel of land in Lockport, New York, on which stood a moving...

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