Nofziger Communications, Inc., a District of Columbia Corporation v. Frederick P. Birks, as Trustee of the Wynmark Trust
Court of Appeals for the D.C. Circuit
1Opinion of the Court
KAREN LeCRAFT HENDERSON, Circuit Judge:
Appellant Nofziger Communications, Inc. (NCI) appeals from a summary judgment in favor of appellee Frederick P. Birks, trustee of the Wynmark Trust (Trust). The district court ruled that the language of letters written by the Trust's former trustee purporting to exercise certain options held by the Trust conclusively established that the trustee intended to exercise the option in a capacity other than as trustee and therefore not on behalf of the Trust. Because evidence outside the letters supports a finding that the trustee intended to exercise the…
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