ZANES v. LEHIGH VALLEY TRANSIT CO.

No. 14884.

41 F.2d 552 (1930)

ZANES v. LEHIGH VALLEY TRANSIT CO.

District Court, E. D. Pennsylvania.

June 5, 1930.


Attorney(s) appearing for the Case

George R. Booth, of Bethlehem, Pa., and Arthur V. McDermott, of New York City, for plaintiff.

Reuben J. Butz and Thos. J. Perkins, both of Allentown, Pa., for defendant.


DICKINSON, District Judge.

An opinion was filed in this cause but no judgment entered. This opinion was based upon a misunderstanding of a feature of the fact situation and is withdrawn. One fact, to wit, the ownership of the plaintiff of the bonds, which the defendant is asked to be found to have agreed to pay, is averred and denied in the pleadings. This presents an issue of fact which would prevent judgment. The denial, however, would seem to be no more than formal...

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