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P. W. BROOKS & CO. v. NORTH CAROLINA PUBLIC SERVICE CO.

No. 2896.

37 F.2d 220 (1930)

P. W. BROOKS & CO., Inc., v. NORTH CAROLINA PUBLIC SERVICE CO.

Circuit Court of Appeals, Fourth Circuit.

January 14, 1930.

Attorney(s) appearing for the Case

Chester Rohrlich, of New York City, and F. P. Hobgood, Jr., of Greensboro, N. C. (Hobgood & Vinson, of Greensboro, N. C., and Cook, Nathan & Lehman, of New York City, on the brief), for appellant.

R. M. Robinson, of Greensboro, N. C. (W. S. O'B. Robinson, Jr., of Charlotte, N. C., on the brief), for appellee.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in an action at law instituted by P. W. Brooks & Co., a corporation, as plaintiff, against the North Carolina Public Service Company, as defendant, to recover damages on account of the latter company's refusal to convert certain mortgage bonds which it had elected to redeem. A jury trial was waived by written stipulation, and the facts were found by the District Judge. From a judgment thereon in favor of defendant, plaintiff...

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