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HART v. B. F. KEITH VAUDEVILLE EXCHANGE

Nos. 303, 304.

12 F.2d 341 (1926)

HART v. B. F. KEITH VAUDEVILLE EXCHANGE et al. (two cases).

Circuit Court of Appeals, Second Circuit.

May 3, 1926.

Attorney(s) appearing for the Case

Eppstein & Axman, of New York City (Martin W. Littleton, Louis B. Eppstein, Laurence H. Axman, and Ira W. Hirshfield, all of New York City, of counsel), for plaintiff.

Maurice Goodman, of New York City, for defendant B. F. Keith Vaudeville Exchange.

J. Henry Walters, of New York City, for defendants Albee and Murdock.

William F. S. Hart, of New York City (Charles E. Hughes and Maurice Goodman, both of New York City, of counsel), for defendant Proctor.

Charles H. Studin, of New York City (Leon Mintz, of New York City, of counsel), for defendants Orpheum Circuit, Inc., Excelsior Collection Agency, Inc., Beck and Vincent.

Before HOUGH, MANTON, and HAND, Circuit Judges.

MANTON, Circuit Judge.

By stipulation, the parties agreed to try these causes as one and to enter a judgment and decree accordingly. They were tried before the District Judge, a jury having been waived in the law action. The decision in each case depends principally upon the determination of whether the parties were engaged in interstate commerce in their respective business. They may be and will be considered in one opinion, and we shall refer to the parties as plaintiff...

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