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POTTASH v. BIRDS-HEILGERS-IRONSIDES, INC.

No. 3280.

5 F.2d 1020 (1925)

Max POTTASH et al., Plaintiffs in Error, v. BIRDS-HEILGERS-IRONSIDES, Inc., Defendant in Error.

Circuit Court of Appeals, Third Circuit.

May 28, 1925.

Attorney(s) appearing for the Case

B. D. Oliensis and Francis Shunk Brown, both of Philadelphia, Pa., for plaintiffs in error.

Covington & Moesel, of New York City, and Kirchner, Mitchell & White, of Philadelphia, Pa. (George B. Covington, of New York City, of counsel), for defendant in error.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and MORRIS, District Judge.

BUFFINGTON, Circuit Judge.

In the court below, the plaintiff, a corporate citizen of the state of New York, brought suit and recovered a verdict against the partnership of Pottash Bros., citizens of Pennsylvania. The action was for the contract price of 225 bales of burlap sold by plaintiff to defendants by three several written contracts. On entry of judgment the defendants sued out this writ of error. The first, and indeed the principal, question raised is as to...

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