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ENSTEN v. RICH-SAMPLINER CO.

No. 4779.

19 F.2d 66 (1927)

ENSTEN v. RICH-SAMPLINER CO. et al.

Circuit Court of Appeals, Sixth Circuit.

May 9, 1927.

Attorney(s) appearing for the Case

Harold Elno Smith, of Cleveland, Ohio (Smith & Freeman, of Cleveland, Ohio, on the brief), for appellant.

Albert Lynn Lawrence, of Cleveland, Ohio, for appellees.

Before DENISON and MOORMAN, Circuit Judges, and SIMONS, District Judge.

PER CURIAM.

After our decision in Ensten v. Rich-Sampliner Co., 291 F. 1003, and after the accounting was in progress, plaintiff attempted to prove the damages or loss of profits suffered by the Lion Knitting Mills Company, said to be plaintiff's licensee. The proof was rejected by the master, because the Lion Company was not a party plaintiff. Thereupon plaintiff filed the present bill, which, in form, has some aspects of an original bill, and in which Ensten is...

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