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SCHAFFER v. BELOW

No. 13050.

278 F.2d 619 (1960)

Alfred M. SCHAFFER, Irving L. Young, James Alderman Evans, Jr., and William Houston Evans, Executors of the Estate of Charles R. Vose, Deceased, v. Ethel May Pressey BELOW, Also Known as Ethel May Bishop, Individually and as Administratrix C.T.A. of the Estate of Cornelius Comstock Below, Also Known as Cory Bishop, Deceased, David Jenckes and Antilles Enterprises, Inc. Ethel May BISHOP, Individually and as Administratrix C.T.A. of the Estate of Cory Bishop, Deceased, v. Alfred M. SCHAFFER et al.; Executors of the Estate of C. R. Vose, Alfred M. Schaffer, et al., Officers and Directors of Antilles Enterprises, Inc., Antilles Enterprises, Inc., and Ward And Virginia French. Ethel May BISHOP, Individually and as Administratrix C.T.A. of the Estate of Cory Bishop, Deceased, Appellant.

United States Court of Appeals Third Circuit.

Decided April 29, 1960.

Rehearing Denied June 8, 1960.

Attorney(s) appearing for the Case

W. H. Beckerleg, San Juan, Puerto Rico, for appellant.

William W. Bailey, Charlotte Amalie, St. Thomas, Virgin Islands, for appellees.

Before WOODBURY, FORMAN and ALDRICH, Circuit Judges.

FORMAN, Circuit Judge.

The extensive factual background of this litigation is fully set out in the opinion of Circuit Judge Maris, who sat as the district court, and is found in Schaffer v. Below, D.C.V.I.1959, 174 F.Supp. 505, 508.1

Briefly stated, Charles Redfield Vose, Cory Bishop and David Jenckes entered into a joint venture on July 27, 1953,...

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