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LEWIS-HALE COAL CO. v. ENTERPRISE FUEL CO.

No. 2835.

33 F.2d 727 (1929)

LEWIS-HALE COAL CO., Inc., v. ENTERPRISE FUEL CO.

Circuit Court of Appeals, Fourth Circuit.

July 1, 1929.

Attorney(s) appearing for the Case

Connor Hall, of Huntington, W. Va., for appellant.

Francis Key Murray, of Baltimore, Md. (C. N. Davis, of Huntington, W. Va., Karr & Colgan, of Baltimore, Md., and Fitzpatrick, Brown & Davis, of Huntington, W. Va., on the brief), for appellee.

Before WADDILL and PARKER, Circuit Judges, and SOPER, District Judge.

SOPER, District Judge.

Enterprise Fuel Company, a Maryland corporation, brought a suit in assumpsit against Lewis-Hale Coal Company, a West Virginia corporation, in the District Court of the United States for the Southern District of West Virginia, to recover the sum of $9,925 upon an account for coal sold and delivered by the plaintiff to the defendant. The indebtedness was not disputed, but an issue was raised by a counterclaim of the defendant based upon a contract...

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