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NOFZIGER COMMUNICATIONS, INC. v. BIRKS

Civ. A. No. 90-602.

774 F.Supp. 662 (1991)

NOFZIGER COMMUNICATIONS, INC., Plaintiff, v. Frederick P. BIRKS, as Trustee of the Wynmark Trust, Defendant.

United States District Court, District of Columbia.

October 7, 1991.

Attorney(s) appearing for the Case

Philip L. Sbarbaro, Christopher A. Myers, Rivkin, Radler, Dunne & Bayh, Washington, D.C., for plaintiff.

Stephen D. Graeff, Philip M. Schwartz, Krupin, Carr, Morris & Graeff, Washington, D.C., for defendant.

MEMORANDUM OPINION

JOHN H. PRATT, District Judge.

Plaintiff Nofziger Communications, Inc. ("NCI") brings this breach of contract action against defendant Frederick P. Birks in his capacity as trustee of the Wynmark Trust (defendant is hereinafter referred to as "Wynmark Trust"). Before the Court are NCI's motion for summary judgment, Wynmark Trust's motion for summary judgment, and their respective replies.

I.

The parties do not dispute...

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