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SCHMIEDER v. HALL

No. 69 Civ. 1939.

421 F.Supp. 1208 (1976)

Kurt SCHMIEDER, Plaintiff, v. Louis H. HALL, Jr., as Preliminary Executor of the Estate of Helen B. Dwyer, Defendant.

United States District Court, S. D. New York.

September 25, 1976.

Attorney(s) appearing for the Case

Werner Galleski, New York City, Berg & Duffy, Lake Success, N. Y., for plaintiff, by James P. Duffy, III, Thomas A. Illmensee, Thomas F. Werring, Lake Success, N. Y., of counsel.

Turchin & Topper, Martin, Obermaier & Morvillo, New York City, for defendant, by John S. Martin, Jr., Morton J. Turchin, New York City, of counsel.

OPINION

WHITMAN KNAPP, District Judge.

This six year old diversity action was tried without a jury on June 30 and July 1, 1976. Plaintiff Kurt Schmieder, a citizen of the Federal Republic of Germany, seeks to impress a constructive trust upon certain property of the estate of the late Helen B. Dwyer. The defendant Louis Hall, Jr., an attorney, is the executor and a principal beneficiary of the Dwyer estate.

In essence, the plaintiff claims that there...

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