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KUNGLIG JARNVAGSSTYRELSEN v. DEXTER & CARPENTER

No. 141.

32 F.2d 195 (1929)

KUNGLIG JARNVAGSSTYRELSEN v. DEXTER & CARPENTER, Inc.

Circuit Court of Appeals, Second Circuit.

April 8, 1929.

Attorney(s) appearing for the Case

Gustav Lange, Jr., of New York City, for appellant.

Haight, Smith, Griffin & Deming, of New York City (Charles S. Haight and Wharton Poor, both of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge (after stating the facts as above).

More than 50 errors have been assigned, but the questions presented for decision are comparatively few in number. The chief attack is based upon a claim of sovereign immunity. Before discussing that question, however, we will deal with other alleged errors.

The theory of the counterclaim was that the contract of December 4, 1919, nominally between Dexter & Carpenter and Beijer & Co., was really...

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