Mary Margaret Crampton Copperthite et al., Appellants, v. Albert Redmon et al., Appellees, 261 F.2d 82 (D.C. Cir. 1958)

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U.S. Court of Appeals for the District of Columbia Circuit - 261 F.2d 82 (D.C. Cir. 1958) Argued September 30, 1958
Decided October 30, 1958

Appeal from the United States District Court for the District of Columbia; John J. Sirica, District Judge.

Mr. I. William Stempil, Washington, D. C., for appellants.

Mr. Harold P. Ganss, Washington, D. C., for appellees Albert Redmon and Helen Redmon.

Messrs. Israel J. Mendelson and Joseph L. Mendelson, Washington, D. C., for appellee Margaret Redmon.

Before BAZELON, FAHY and BURGER, Circuit Judges.


Appellants brought suit in the District Court for, inter alia, reconveyance of real property, alleging that the property had been fraudulently obtained from Joseph B. Copperthite in 1942 through breach of trust. A former suit involving the same subject matter had been dismissed with prejudice in 1949, following a settlement out of court. Appellants additionally alleged that the settlement had been fraudulently procured.

The court below dismissed the complaint, stating that appellants had unduly delayed instituting these proceedings. For reasons advanced by the District Court, its order must be