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BUILDERS EQUITY CORP. v. HURWITZ

Nos. 75-1559, 75-1734 and 75-1737.

530 F.2d 1072 (1976)

BUILDERS EQUITY CORPORATION, a corporation, et al. v. George H. HURWITZ, Appellant, FREDERICK W. BERENS, INC., and Denzil O. Nichols, Third-Party Defendants. BUILDERS EQUITY CORPORATION, a corporation, et al. v. George H. HURWITZ, Appellant, Frederick W. Berens, Inc., and Denzil O. Nichols. BUILDERS EQUITY CORPORATION, a corporation, et al., Appellants, v. George H. HURWITZ, Frederick W. Berens, Inc., and Denzil O. Nichols.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 1976.

As Amended February 26, 1976.

Rehearing Denied March 18, 1976.

Attorney(s) appearing for the Case

Nathan L. Silberberg, Washington, D.C., with whom Howard B. Silberberg, Washington, D.C., was on the brief for appellant in Nos. 75-1559 and 75-1734, and appellee in No. 75-1737.

Michael Nussbaum, Washington, D.C., with whom Lucien Hilmer and Ronald G. Precup, Washington, D.C., were on the brief for appellants in No. 75-1737 and appellees Builders Equity Corp., and others, in Nos. 75-1559 and 75-1734.

Irving B. Yochelson, Washington, D.C., submitted on the brief for appellees Frederick W. Berens, Inc. and Denzil O. Nichols.

Before MacKINNON and ROBB, Circuit Judges, and BRODERICK, United States District Judge for the Eastern District of Pennsylvania.

MacKINNON, Circuit Judge:

The facts here are essentially undisputed. George H. Hurwitz, a real estate developer of more than twenty years' experience (J.A. 60), and Builders Equity Corporation, a straw corporation, negotiated over the sale of certain undeveloped land in Alexandria, Virginia. The company held the legal title for Howard A. Weiss, the beneficial owner (J.A. 61), so that the corporation could get a loan on the property at an interest rate in excess of...

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