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RUSSELL v. TEXAS TRANSPORT & TERMINAL CO.

No. 262.

32 F.2d 689 (1929)

RUSSELL v. TEXAS TRANSPORT & TERMINAL CO.

Circuit Court of Appeals, Second Circuit.

May 6, 1929.

Attorney(s) appearing for the Case

Silas B. Axtell, of New York City (Benjamin I. Sperling, of New York City, of counsel), for appellant.

James A. Hatch and Edgar G. Wandless, both of New York City (John C. Donovan, of New York City, of counsel), for appellee.

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

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

The defendant's brief makes a very different case from that above stated. It asserts that no negotiations for settlement were pending in April, 1925, but that the case was then stricken from the trial calendar because the plaintiff was not ready to proceed; that the case was again reached for trial in September, 1927, and was again marked off because the plaintiff failed to answer; and that on each occasion the...

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