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HYNNING v. PARTRIDGE

No. 19573.

359 F.2d 271 (1966)

Clifford J. HYNNING, As General Partner of and Trustee for Hynning Associates, a Limited Partnership, Appellant, v. Daniel PARTRIDGE, III, as Trustee u/w Grace S. Partridge, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 5, 1966.

Petition for Rehearing Denied May 20, 1966.

Attorney(s) appearing for the Case

Mr. Clifford J. Hynning, Washington, D. C., for appellant. Messrs. Ben Ivan Melnicoff and Lawrence C. Moore, Washington, D. C., also entered appearances for appellant.

Mr. Philip F. Herrick, Washington, D. C., for appellee Daniel Partridge, III, as Trustee u/w Grace S. Partridge.

Before WILBUR K. MILLER, Senior Circuit Judge, DANAHER, Circuit Judge, and BASTIAN, Senior Circuit Judge.

Petition for Rehearing En Banc Denied May 20, 1966.

WILBUR K. MILLER, Senior Circuit Judge:

In the sale of certain real estate to Hynning, Partridge took from him a first trust to secure a portion of the purchase money, and agreed to and did subordinate it to a new trust executed by Hynning to another to secure funds borrowed for remodeling. When he declined to subordinate a second time to a new and larger trust, Hynning sued in the United States District...

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