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NOFZIGER COMMUNICATIONS, INC. v. BIRKS

No. 91-7186.

989 F.2d 1227 (1993)

NOFZIGER COMMUNICATIONS, INC., a District of Columbia Corporation, Appellant, v. Frederick P. BIRKS, as Trustee of the Wynmark Trust, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 1993.

Attorney(s) appearing for the Case

Philip L. Sbarbaro, Washington, DC, with whom Lawrence H. Schwartz, Washington, DC, was on the brief, for appellant. Christopher A. Meyers, Lawton, OK, also entered an appearance for appellant.

Philip M. Schwartz, with whom Stephen D. Graeff, Washington, DC, was on the brief, for appellee.

Before MIKVA, Chief Judge; EDWARDS and HENDERSON, Circuit Judges.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Appellant Nofziger Communications, Inc. (NCI) appeals from a summary judgment in favor of appellee Frederick P. Birks, trustee of the Wynmark Trust (Trust). The district court ruled that the language of letters written by the Trust's former trustee purporting to exercise certain options held by the Trust conclusively established that the trustee intended to exercise the option in a...

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