BUTLER v. ATTWOOD

Nos. 16763, 16808.

369 F.2d 811 (1966)

George W. BUTLER, Plaintiff-Appellant, v. James W. ATTWOOD and Warren Russell Attwood, Co-executors of the Estate of Charles W. Attwood, deceased, George J. Finzel, George J. O. Finzel, Adam E. Finzel, Shirley A. Finzel, Johanna W. Finzel, Ruth M. Finzel, Leile Finzel and Unistrut Corporation, Defendants-Appellees. George W. BUTLER, Plaintiff-Cross-Appellee, v. James W. ATTWOOD and Warren Russell Attwood, Co-executors of the Estate of Charles W. Attwood, deceased, and Unistrut Corporation, Defendants-Cross-Appellants.

United States Court of Appeals Sixth Circuit.

December 12, 1966.


Attorney(s) appearing for the Case

Charles J. O'Laughlin, Chicago, Ill., and John Feikens, Detroit, Mich., for George W. Butler. Feikens, Dice, Sweeney & Sullivan, Joseph Levin, Detroit, Mich., on the brief, Raymond, Mayer, Jenner & Block, Chicago, Ill., of counsel.

Roscoe O. Bonisteel, Ann Arbor, Mich., and George E. Bushnell, Jr., Detroit, Mich., for James W. Attwood and others. Roscoe O. Bonisteel, Jr., Ann Arbor, Mich., on the brief, Miller, Canfield, Paddock & Stone, Detroit, Mich., of counsel.

Before O'SULLIVAN, PHILLIPS and EDWARDS, Circuit Judges.


O'SULLIVAN, Circuit Judge.

Plaintiff-appellant, George W. Butler, sought a decree requiring defendant Charles W. Attwood1 and the several defendants Finzel to transfer to Butler one half of those shares of stock of a Michigan corporation, Unistrut Corporation, which had become the subject of a buy-and-sell agreement between Attwood and the Finzels. Right to such relief was bottomed upon a claim that an antecedent contract between Butler...

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