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STASZAK v. ROMANIK

Nos. 81-1462, 81-1476.

690 F.2d 578 (1982)

Joseph STASZAK (81-1476) and Richard Staszak (81-1462), Plaintiffs-Appellants, v. Walter ROMANIK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 7, 1982.

Attorney(s) appearing for the Case

Michael E. Marr, Baltimore, Md., for Joseph Staszak.

Daniel W. Hammer, William R. Stewart, Thompson, Hine & Flory, Cleveland, Ohio, for Richard Staszak.

Richard G. Smith, Smith & Brooker, Bay City, Mich., Francis E. Lindsay, Lindsay & Lindsay, Cheboygan, Mich., for defendant-appellee.

Before LIVELY and JONES, Circuit Judges, and CECIL, Senior Circuit Judge.

LIVELY, Circuit Judge.

This diversity action deals with questions of partnership law arising from disagreements with respect to a Michigan business engaged in the growing, harvesting and selling of Christmas trees. Two questions are presented for decision: (1) Did the district court err in holding that one member of a three-person partnership should forfeit his entire partnership interest for "failure of consideration"? and (2) Did the district court err in holding...

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