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ISEN v. GIANT FOOD, INC.

No. 16146.

295 F.2d 136 (1961)

Milton ISEN et al., Appellants, v. GIANT FOOD, INC., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 29, 1961.

Petition for Rehearing Denied August 9, 1961.

Attorney(s) appearing for the Case

Mr. Irving B. Yochelson, Washington, D. C., with whom Messrs. Solomon Grossberg and Isadore Brill, Washington, D. C., were on the brief, for appellants. Mr. Alfred Burka, Washington, D. C., also entered an appearance for appellants.

Mr. Bernard Gordon, Washington, D. C., with whom Messrs. Raymond R. Dickey and Robert F. Rolnick, Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN, BAZELON and FAHY, Circuit Judges.

BAZELON, Circuit Judge.

Alleging breach of contract, our appellants sued appellee for specific performance or damages. They appeal from an order of the District Court which granted summary judgment for appellee on the ground that the contract violated the rule against perpetuities.

Appellants owned contracts to purchase certain unimproved land in Fairfax County, Virginia, contingent on obtaining zoning for commercial purposes. Appellee, which operates a food...

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