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GREEN v. JOHN H. LEWIS & CO.

No. 18016.

436 F.2d 389 (1970)

Richard F. GREEN, Executor under the Will of Mary-Moxley Green, Deceased, Appellant, v. JOHN H. LEWIS & CO., a partnership, John H. Lewis, Mary F. Bayne and Carroll S. Bayne, Jr., as Executors of the Estate of Carroll S. Bayne, Deceased, Betty W. Carter, as Executrix of the Estate of Frederic D. Carter, Deceased, Henry L. Lowerre, Wisner H. Townsend, B. Barret Griffith, Thomas G. Murphy and Evelyn L. Lewis (Defendants and Third-Party Plaintiffs), v. Frank J. CONNELLY, Jr. (Third-Party Defendant).

United States Court of Appeals, Third Circuit.

Decided December 28, 1970.

As Amended January 8, 1971.

Attorney(s) appearing for the Case

Richard F. Green, pro se.

Charles H. Hoens, Jr., Lum, Biunno & Tompkins, Newark, N. J., argued for third party defendant, Connelly.

Burtis W. Horner, Stryker, Tams & Dill, Newark, N. J., argued for defendants and third party plaintiffs.

Before ALDISERT, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This appeal requires us to decide whether tender of a stipulated sum constituted "expeditious consummation" of a settlement agreement.

In 1965, plaintiff-appellant filed a complaint in the district court, alleging fraudulent manipulation of a securities account maintained with defendants' firm since 1943. He offered to settle his claims for $30,000. On the eve of trial, November...

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