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SCHIRM v. AUCLAIR

Civ. A. No. N-83-341 (RCZ).

597 F.Supp. 202 (1984)

John C. SCHIRM III, Plaintiff, v. Randolph AUCLAIR, Co-executor of the Estate of John P. Kinsey, and Jack Bair, Co-executor of the Estate of John P. Kinsey, Defendants.

United States District Court, D. Connecticut.

October 26, 1984.

Attorney(s) appearing for the Case

Hugh I. Manke, Reif & Manke, P.C., New Haven, Conn., Pat E. Morgenstern-Clarren, Cleveland, Ohio, for plaintiff.

Robert I. Teicher, Gager, Henry & Narkis, Waterbury, Conn., for defendants.

RULING ON MOTION TO DISMISS

ZAMPANO, Senior District Judge.

I. FACTS

Plaintiff John C. Schirm III is the former president of Youngstown Container Corp. ("Youngstown"), an Ohio corporation. The defendants Randolph Auclair and Jack Bair are co-executors of the estate of John P. Kinsey, who was the principal shareholder of Youngstown. The present dispute concerns three cognovit promissory notes made by Youngstown in 1973 and 1974 pursuant to renegotiated...

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