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HEWITT v. CHARLES R. McCORMICK LUMBER CO.

Nos. 59, 60.

22 F.2d 925 (1927)

HEWITT v. CHARLES R. McCORMICK LUMBER CO. OF DELAWARE et al. KEEVENY v. SAME.

Circuit Court of Appeals, Second Circuit.

December 5, 1927.

Attorney(s) appearing for the Case

John M. Gardner, of New York City, for plaintiffs in error.

Kirlin, Woolsey, Campbell, Hickox & Keating and Wherry & Mygatt, all of New York City (Delbert M. Tibbetts, Carlos J. Warner, and Frederic E. Mygatt, all of New York City, of counsel), for Charles R. McCormick Lumber Co. of Delaware.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

PER CURIAM.

These actions are for breach of contract against Charles R. McCormick Lumber Company of Delaware and Charles R. McCormick & Co., a California corporation. The affidavits interposed a defense that the actions abated as against the California corporation, because it was dissolved and had no legal existence at the time the actions were commenced. On motions duly made, this defense was sustained. Orders were entered, and thereupon these writs were sued...

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