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261 F.2d 767

Docket No. 14473.

Arthur M. Parker, Jr., and Tom K. Wheeler v. Louise O. Wellborn

District of Columbia Circuit Court of Appeals

Argued October 29, 1958.

Decided November 20, 1958.

District of Columbia Circuit Court of Appeals · decided 1958-11-20

2 counsel of record

Relies on Grasse v. Snyder · John C. Ritter v. Lewis L. Strauss, Secretary of Commerce · Parks v. United States

Opinion by Per Curiam · Decided 1958-11-20

Mr. Charles H. Quimby, Washington, D. C., for appellants.

Mr. Henry H. Paige, Washington, D. C., with whom Messrs. Arthur P. Drury, John M. Lynham and John E. Powell, Washington, D. C., were on the brief, for appellee.

Before WILBUR K. MILLER, BAZELON and BURGER, Circuit Judges.

PER CURIAM.

¶1

Appellants sued to reform a contract under which they had given appellee a series of notes. She filed a counterclaim on those notes which had become due and was given judgment thereon, although the issues as to reformation had not been reached. The court expressly determined, however, in accordance with Rule 54(b) of the Federal Rules of Civil Procedure,1 there was no just reason for delay as to the counterclaim. This appeal is from the judgment awarded on the matured notes.

¶2

The claims of the appellants remain undetermined, and are not affected by the judgment on the counterclaim. We find no error.

¶3

Affirmed.

Notes:

1

28 U.S.C.A

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