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ROSENAK v. POLLER

No. 15623.

290 F.2d 748 (1961)

Theodore ROSENAK, Appellant, v. Lou POLLER, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 11, 1961.

Attorney(s) appearing for the Case

Mr. Charles B. Rosenak, Milwaukee, Wis., of the bar of the Supreme Court of Wisconsin, pro hac vice, for appellant. Mr. Donald Cefaratti, Jr., Washington, D. C., was on the brief for appellant.

Mr. William C. Wise, Washington, D. C., for appellee. Mr. Lawrence Potamkin, Washington, D. C., also entered an appearance for appellee.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.

WASHINGTON, Circuit Judge.

This is an appeal from an order of the District Court dismissing appellant's suit for an accounting under a contract. On March 5, 1955, appellant sold and transferred to the appellee 250 shares of stock in the Midwest Broadcasting Company, for which appellee paid the sum of $50,000. The contract recited as follows:

"Lou Poller and Ted Rosenak agree as follows: "Whereas Ted Rosenak owns 250 shares of Midwest Broadcasting...

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