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TABAS v. EMERGENCY FLEET CORPORATION

No. 10020.

9 F.2d 648 (1926)

TABAS et al. v. EMERGENCY FLEET CORPORATION.

District Court, E. D. Pennsylvania.

January 7, 1926.

Attorney(s) appearing for the Case

Porter, Foulkrod & McCullagh and Donald Spencer Edmonds, all of Philadelphia, Pa., for plaintiffs.

Paul W. Knox, of Philadelphia, Pa., and George Biddle, of New York City, for defendant.

Before THOMPSON and DICKINSON, District Judges, sitting in banc.

THOMPSON, District Judge.

In this case, the Northern Metals Company, a copartnership consisting of three men named Tabas, sued the Emergency Fleet Corporation for damages for the breach of a contract of sale to the plaintiffs of all the underground cable at Hog Island between certain points, approximately 125 tons. As the cable was underground, and the contract called for all of the cable within certain limits, the jury was instructed, under the authority of Brawley...

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