SCHWARTZ, Chief Judge.
We agree with the position of the defendant Order, asserted on cross-appeal, that as a matter of law the plaintiff-appellant Nesbitt is not entitled to recover. Nesbitt sued as the third party beneficiary of a contract in which the Order agreed to pay the college expenses of Nesbitt's children in return for one O'Malley's voluntary dismissal of a federal court suit O'Malley was maintaining against the Order. Since it is uncontradicted that O...
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