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SCHNERB v. CATERPILLAR TRACTOR CO.

No. 150.

24 F.2d 377 (1928)

SCHNERB et al. v. CATERPILLAR TRACTOR CO.

Circuit Court of Appeals, Second Circuit.

February 6, 1928.

Attorney(s) appearing for the Case

William H. Page, of New York City (H. H. Nordlinger and Wm. Harvey Smith, both of New York City, of counsel), for plaintiffs in error.

John Thomas Smith, of New York City (Frank A. Gaynor and Anthony J. Russo, both of New York City, of counsel), for defendant in error.

Before MANTON and SWAN, Circuit Judges, and CAMPBELL, District Judge.

MANTON, Circuit Judge.

In the former action to recover for damages sustained by these plaintiffs in error for breach of contract awarding to them an agency in certain countries of Europe, the complaint was dismissed. That complaint pleaded upon three causes of action. The first alleged breach of a contract, asserting that the plaintiffs in error had become entitled, by reason of sales made within their territory, to a sum of money, and it was alleged that the sales...

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