SCHINE v. SCHINE

No. 65 Civ. 3526.

254 F.Supp. 986 (1966)

Martha R. SCHINE, Donald G. Schine and Dorene S. Higier in their individual capacities and as Executors and Trustees under the Will of Louis W. Schine, Deceased, Plaintiffs, v. J. Myer SCHINE, G. David Schine and C. Richard Schine, Defendants.

United States District Court S. D. New York.

June 16, 1966.


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for plaintiffs, Louis Nizer, Walter S. Beck, Neil A. Pollio, New York City, of counsel.

Amon, Weisman & Butler, New York City, for defendants, Herbert L. Weisman, Robert S. Persky, Herbert F. Roth, New York City, of counsel.


MEMORANDUM

FRANKEL, District Judge.

On February 7, 1966, Judge Weinfeld denied defendants' motions to dismiss and for summary judgment. Schine v. Schine, D.C., 250 F.Supp. 822. The basis for the summary judgment motion was the release delivered by plaintiffs at the closing of the sale to which the lawsuit relates. In a characteristically cogent opinion which makes a restatement...

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