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NATIONAL TUBE CO. v. KENNEDY

No. 3576.

20 F.2d 824 (1927)

NATIONAL TUBE CO. v. KENNEDY.

Circuit Court of Appeals, Third Circuit.

July 20, 1927.

Attorney(s) appearing for the Case

George E. Shaw and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., for plaintiff in error.

Arthur O. Fording, of Pittsburgh, Pa., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

This writ of error is directed to the third judgment entered in this controversy. The first suit was brought in 1917; judgment of compulsory nonsuit was entered in 1918 and affirmed by this court in 1919. Shortly thereafter, the plaintiff instituted the second suit. At the trial a judgment of compulsory nonsuit was entered and pending a motion to take it off the trial judge died. Thereafter the plaintiff discontinued the action and brought...

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