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ATALLA v. ABDUL-BAKI

No. 91-2203.

976 F.2d 189 (1992)

Munir H. ATALLA, Plaintiff-Appellee, v. Ahmad H. ABDUL-BAKI, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 1992.

As Amended November 2, 1992.

Attorney(s) appearing for the Case

William B. O'Connell, Jr., Arlington, Va., argued, for defendant-appellant.

Alan Bruce Croft, Shaw, Pittman, Potts & Trowbridge, McLean, Va., argued (Edward J. Reed, Shaw, Pittman, Potts & Trowbridge, McLean, Va., Michael James McCue, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., on brief), for plaintiff-appellee.

Before NIEMEYER and LUTTIG, Circuit Judges, and GARBIS, United States District Judge for the District of Maryland, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

This diversity case centers around a handwritten "Settlement Agreement and Mutual Release" executed by Munir H. Atalla and Ahmad H. Abdul-Baki on July 1, 1990, and its intended effect on Atalla's right to contribution from Abdul-Baki for payment representing Abdul-Baki's share of a debt incurred by them jointly in 1987. Deriving the intent of the parties "from the face of the instrument viewed as a whole," the district court...

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