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BETTER HOMES, INC. v. RODGERS

Civ. A. No. 244-M.

195 F.Supp. 93 (1961)

BETTER HOMES, INC., a corporation, Plaintiff, v. Decatur H. RODGERS, Jr., individually, and Lacy I. Rice, Herbert E. Hannis, Decatur H. Rodgers, Jr., and Lacy I. Rice, Jr., Partners doing business under the firm name of Rice, Hannis and Rodgers, Defendants.

United States District Court N. D. West Virginia, at Wheeling.

June 22, 1961.

Attorney(s) appearing for the Case

Archibald McDougall, Martinsburg, W. Va., for plaintiff.

Clarence E. Martin, Jr. and Harry H. Byrer, Martinsburg, W. Va., for defendants.

CHARLES F. PAUL, District Judge.

This is an action brought against a lawyer, and the other members of a law firm with which he is associated, by his former client to recover damages for the negligent performance or nonperformance by the lawyer of his undertaking to file and prosecute in the Supreme Court of Appeals of West Virginia a petition for writ of error to a judgment for $13,500.00 which had been rendered against the client in the Circuit Court of Jefferson...

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