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CUMMINGS v. CLARK

No. 3184.

2 F.2d 442 (1924)

CUMMINGS v. CLARK et al.

Circuit Court of Appeals, Third Circuit.

November 14, 1924.

Attorney(s) appearing for the Case

Roland S. Morris and Duane, Morris & Heckscher, all of Philadelphia, Pa., for plaintiff in error.

Joseph S. Clark, Paul C. Wagner, and Henry A. McCarthy, all of Philadelphia, Pa., for defendants in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below, Walter J. Cummings, a citizen of Illinois and executor of John J. Cummings, brought suit against Edward W. Clark and others, citizens of Pennsylvania, to recover $290,000 alleged to be due the decedent under his contract with the defendant, dated March 11, 1913. The court below sustained defendants' demurrer to the plaintiff's statement of claim and entered judgment for the defendants...

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