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LINCOLN NAT. BANK v. CONTINENTAL & COMMERCIAL NAT. BANK

No. 3691.

28 F.2d 268 (1928)

LINCOLN NAT. BANK OF PITTSBURGH et al. v. CONTINENTAL & COMMERCIAL NAT. BANK OF CHICAGO.

Circuit Court of Appeals, Third Circuit.

August 29, 1928.

Attorney(s) appearing for the Case

Davis, Fruit & Anderson, of Sharon, Pa., and Calvert, Thompson & Berger, of Pittsburgh, Pa. (George B. Berger, of Pittsburgh, Pa., and Eugene E. Anderson, of Sharon, Pa., of counsel), for appellants.

Alter, Wright & Barron, of Pittsburgh, Pa. (A. J. Barron, of Pittsburgh, Pa., of counsel), for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and BODINE, District Judge.

DAVIS, Circuit Judge.

This is an appeal from a decree of the District Court, dismissing exceptions to the master's report and discharging the rule to reopen the report, allowing $50,000 damages to the appellee for a breach of contract by J. S. & W. S. Kuhn, Inc., hereinafter called the Kuhn Company.

On June 16, 1913, the Kuhn Company sold to the Continental & Commercial National Bank of Chicago, appellee, Hydro-Electric Company 6 per cent. interim...

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