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FIELDING v. BREBBIA

No. 71-1899.

479 F.2d 195 (1973)

Robert C. FIELDING, Appellant, v. John Henry BREBBIA and George D. Webster.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 1973.

Rehearing Denied June 11, 1973.

Attorney(s) appearing for the Case

David Brady, New York City, of the bar of the Supreme Court of the United States, pro hac vice, by special leave of court, for appellant. William W. Scott, Washington, D. C., was on the brief for appellant. E. David Doane, Washington, D. C., also entered an appearance for appellant.

Jacob A. Stein, Washington, D. C., with whom Carl W. Berueffy, Washington, D. C., and Arthur V. Butler, Wheaton, Md., were on the brief, for appellees.

Before WILBUR K. MILLER and DANAHER, Senior Circuit Judges, and WRIGHT, Circuit Judge.

DANAHER, Senior Circuit Judge:

In a non-jury trial before Judge Gesell, appellant's counsel submitted as issues framed at pre-trial:

"One, is there an attorney-client relationship between these defendants and Mr. Fielding; and, if so, did they come to sue him in subject matter which is substantially related to the prior representation."

Judge Gesell concluded after trial that Fielding "on the case as a whole failed to sustain a cause of action on...

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