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RUDDLE v. MOORE

No. 21748.

411 F.2d 718 (1969)

Beatrice R. RUDDLE, Appellant, v. Luke C. MOORE et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 19, 1969.

Attorney(s) appearing for the Case

Mr. Joel D. Blackmon, Washington, D. C., for appellant.

Mr. Melvin Hirshman, Washington, D. C., for appellee Burch. Mr. Paul Shiffman, Washington, D. C., entered an appearance for appellee Perkins.

No brief was filed and no appearance was entered on behalf of appellee Moore.

Before BAZELON, Chief Judge, and McGOWAN and LEVENTHAL, Circuit Judges.

PER CURIAM:

The question on this appeal is what rule governs the distribution of funds recovered from a confidence man who swindled different victims at different times and then commingled the lucre. The District Court was unable to trace the recovered funds to the deposit of any one victim or to conclude that any victim's deposit had been wholly dissipated prior to the recovery. Accordingly, following equitable principles, it distributed the funds among the victims...

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