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LEWIS MEARS CO. v. CHICAGO MERCANTILE EXCH.

No. 3389.

1 F.2d 281 (1924)

LEWIS MEARS CO. v. CHICAGO MERCANTILE EXCH. et al.

Circuit Court of Appeals, Seventh Circuit.

August 16, 1924.

Attorney(s) appearing for the Case

Walter D. Herrick, of Chicago, Ill., for appellant.

Henry S. Robbins, of Chicago, Ill., for appellees.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

EVAN A. EVANS, Circuit Judge.

Plaintiff, a Massachusetts corporation, sold "short" on the exchange for January, 1921, delivery, 20 cars of "refrigerator standards" and 29 cars of "fresh gathered firsts" eggs, which it was unable to deliver. The "margins" in excess of a fair price, which under the rules of the exchange it was required to deposit, aggregated some $50,000, which sum it seeks by this action to recover from the "Chicago Mercantile Exchange," an Illinois...

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