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DAVEGA, INC. v. LINCOLN FURNITURE MFG. CO.

No. 54.

29 F.2d 164 (1928)

DAVEGA, Inc., v. LINCOLN FURNITURE MFG. CO., Inc.

Circuit Court of Appeals, Second Circuit.

November 19, 1928.

Attorney(s) appearing for the Case

Moses, Nehrbas & Tyler, of New York City (Henry C. Moses, of New York City, of counsel), for plaintiff in error.

Louis Winer, of New York City (J. P. Buchanan, of Marion, Va., and James J. Jackman and Henry J. Greenstein, both of New York City, of counsel), for defendant in error.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The Lincoln Company has a factory at Bristol, Va., where it manufactures furniture. One Shlivek solicits orders in New York for sales of furniture at an office where the company ordinarily keeps four or five suites of furniture as samples. The New York floor space is leased by the Virginia Table Company, another affiliated concern, which allows the Lincoln Company to occupy this space rent free. The...

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