FOMAN v. DAVIS

No. 5808.

292 F.2d 85 (1961)

Lenore FOMAN, Plaintiff, Appellant, v. Elvira A. DAVIS, Executrix, Defendant, Appellee.

United States Court of Appeals First Circuit.

Rehearing Denied August 17, 1961.


Attorney(s) appearing for the Case

Henry N. Silk, Boston, Mass., with whom Guterman, Horvitz & Rubin, Boston, Mass., was on brief, for appellant.

Roland E. Shaine, Boston, Mass., with whom Brown, Rudnick, Freed & Gesmer, Boston, Mass., was on brief, for appellee.

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


HARTIGAN, Circuit Judge.

Plaintiff in the instant case appeals from a judgment of the United States District Court for the District of Massachusetts entered following the allowance of defendant's motion to dismiss and from orders of the district court denying plaintiff's motion to vacate judgment and to amend her complaint.

The action involves an oral agreement between the plaintiff, Lenore Foman, and her father, Wilbur W. Davis, the decedent, by which decedent...

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