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LUELLEN RY. ARTILLERY v. BALDWIN LOCOMOTIVE WORKS

No. 3527.

20 F.2d 449 (1927)

LUELLEN RY. ARTILLERY, Inc., v. BALDWIN LOCOMOTIVE WORKS.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied August 23, 1927.

Attorney(s) appearing for the Case

Theodore S. Kenyon and Lindley M. Garrison, both of New York City, and Clinton W. Frontz, of Philadelphia, Pa., for appellant.

William A. Redding and Worthington Campbell, both of New York City, and Francis B. Bracken, of Philadelphia, Pa., for appellee.

George W. Coles, U. S. Atty., of Philadelphia, Pa., Herman J. Galloway, Asst. Atty. Gen., and Melville D. Church, Sp. Asst. Atty. Gen., for the United States, as amicus curiæ.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

The exhaustive and able opinion of the judge in the court below would warrant this court in adopting it and affirming the decree entered in pursuance thereto; but, in view of the magnitude and importance of the interests here involved, we supplement it with a statement of the results reached by each of the members of this court on independent study thereof.

On November 23, 1915, Luellen and Dawson applied for, and on October 23,...

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