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LENFEST v. COLDWELL

No. 817, Docket 76-7581.

557 F.2d 993 (1977)

Inez H. LENFEST and Marine Midland Grace Trust Company of New York, as Executors of the Estate of Harold C. Lenfest, and Kenneth F. Yarrington, Plaintiffs-Appellees, v. Harold W. COLDWELL, Defendant-Appellant. FERRO-BET CORPORATION OF AMERICA, Plaintiff-Appellee, v. Harold W. COLDWELL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 23, 1977.

Attorney(s) appearing for the Case

W. Shelby Coates, Jr., Wilbur E. Dow, Jr., New York City, for plaintiffs-appellees.

Joseph D. Tarlowe, New York City, for plaintiff-appellee Ferro-Bet Corp. of America.

William Warner, Symmers, Fish & Warner, New York City, for defendant-appellant.

Before MULLIGAN and OAKES, Circuit Judges, and MISHLER, District Judge.

MULLIGAN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Hon. Robert L. Carter, entered after this court, upon appeal from a prior judgment in this case, remanded for further proceedings. Our earlier opinion, Lenfest v. Coldwell, 525 F.2d 717 (2d Cir.1975), fully sets forth the factual background of this controversy and

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