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KAPLAN v. SWARTZ

Nos. 2117, 2131.

23 F.2d 273 (1927)

KAPLAN et al. v. SWARTZ. SWARTZ v. KAPLAN et al.

Circuit Court of Appeals, First Circuit.

December 27, 1927.

Attorney(s) appearing for the Case

Francis M. Carroll, of Boston, Mass. (John T. Storrs, of Ware, Mass., on the brief), for Samuel Kaplan and others.

Elisha Greenhood, of Boston, Mass., for Fred M. Swartz.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an action of contract brought by the plaintiff, a citizen of Rhode Island, against the defendants, citizens of Massachusetts, to recover a share of profits arising out of the sale of certain real estate in Gardner, Mass., known as the "Theater and Hotel Block." The first two counts are for a broker's commission. The third count, which is the only one involved here (the jury having been directed that the plaintiff could not recover on...

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