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KELLEY v. HANSEN

No. 5495.

268 F.2d 947 (1959)

Frank H. KELLEY et al., Trustees, et al., Defendants, Appellants, v. Otto HANSEN et al., Plaintiffs, Appellees.

United States Court of Appeals First Circuit.

July 28, 1959.

Attorney(s) appearing for the Case

Robert W. Meserve, Boston, Mass., with whom John R. Hally, Alan R. Trustman and Nathan Newbury, III, Boston, Mass., were on brief, for appellants.

Frank L. Kozol, Boston, Mass., with whom Sidney Werlin, Leon Birnbaum, Joel A. Kozol, Lee H. Kozol, and Friedman, Atherton, Sisson & Kozol, Boston, Mass., were on brief, for appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Circuit Judge (Retired).

This is the second appeal in the above-entitled case. See Kelley v. Hansen, 1 Cir., 1958, 254 F.2d 99.

An amended complaint in two counts was filed by the plaintiffs on May 4, 1955. The first cause of action was predicated upon an alleged oral contract entered into on October 4, 1948, between the plaintiffs and the defendants through their agent, one Sherman H. Bowles, since deceased, who...

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