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SILVERSTEIN v. CHASE

No. 00-7627.

260 F.3d 142 (2001)

Jeffrey D. SILVERSTEIN, as Executor of the Estate of Marvin Silverstein, Plaintiff-Counter-Defendant-Appellant, v. Rita CHASE and Jack Chase, Defendants-Counter-Claimants-Appellees, Smith Barney, Inc., Defendant.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: August 7, 2001.

Attorney(s) appearing for the Case

Jack Yoskowitz, New York, NY, (Jeffrey D. Silverstein, New York, NY, on the brief), for Plaintiff-Counter-Defendant-Appellant.

Norman I. Klein, New York, NY, (Robert S. Getman, Carlet, Garrison & Klein, L.L.P., New York, NY, on the brief), for Defendants-Counter-Claimants-Appellees.

Before: FEINBERG, PARKER, Circuit Judges, and COVELLO, District Judge.

PARKER, Circuit Judge:

On this appeal we must determine if the district court abused its discretion when it dismissed appellant's complaint with prejudice and, therefore, rendered appellees' counterclaims moot. Appellant Jeffrey Silverstein, the executor of his father Marvin Silverstein's estate, brought this action seeking partition of a brokerage account held in the name of Marvin Silverstein and Marvin's brother and sister, Edward Silverstein and Rita Chase, as...

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