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HEYWOOD-WAKEFIELD CO. v. MINER

Nos. 4204, 4205.

44 F.2d 152 (1930)

HEYWOOD-WAKEFIELD CO. v. MINER et al. SAME v. BERGEN et al.

Circuit Court of Appeals, Third Circuit.

October 8, 1930.

Attorney(s) appearing for the Case

Alexander T. Schenck, of Newark, N. J., for appellant.

A. J. Peer and Peer & Marr, all of Newark, N. J., for appellee Colyer.

A. J. Whinery, of Newark, N. J., for appellee Bunnell.

H. Edward Toner and Arthur T. Vanderbilt, both of Newark, N. J., for appellee Reeves.

Pierre F. Cook, of Jersey City, N. J., for appellees Antonie Miner and others.

Rudolph A. Huebner, of Newark, N. J., for appellees Bergen, Howe, and others.

David Bobker, of Newark, N. J., for appellee Hunt.

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

DAVIS, Circuit Judge.

There are two actions here. Thomas W. Miner, a member of the Citizens' Committee, died before he was served, and a new action, No. 4,204, was begun against the executor of his estate.

On January 27, 1926, the Heywood-Wakefield Company entered into a contract with the Greater Newark Baseball Club, Inc., for the sale of a specified number of chairs which were to be installed at Davids Stadium, Newark, N. J. The total amount due for the...

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