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FILNER v. SHAPIRO

No. 25, Docket 79-7815.

633 F.2d 139 (1980)

Doris FILNER, Plaintiff-Appellant, v. Samuel SHAPIRO and Southwestern Alloys Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 29, 1980.

Attorney(s) appearing for the Case

Jerry L. Siegal, New York City (Coudert Brothers, Mark D. Lebow and Lynn M. Barry, New York City, on brief), for plaintiff-appellant.

William A. Austin, New York City (Hertzog, Calamari & Gleason, Peter E. Calamari, New York City, on brief), for defendants-appellees.

Before TIMBERS, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

On February 13, 1975, appellant Doris Filner entered into a letter agreement with Samuel Shapiro, president of Southwestern Alloys Corporation (Southwestern). The letter, dated February 9, 1975, was prepared on Shapiro's stationery and read as follows:

Dear Doris, In accordance with our understanding, upon your wiring me funds in the amount of $200,000.00, I will act as your agent to purchase in your name a time certificate...

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