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SCHNERB v. CATERPILLAR TRACTOR CO.

No. 394.

43 F.2d 920 (1930)

SCHNERB et al. v. CATERPILLAR TRACTOR CO.

Circuit Court of Appeals, Second Circuit.

July 28, 1930.

Attorney(s) appearing for the Case

Wm. H. Page, of New York City (H. H. Nordlinger, Wm. Harvey Smith, and Samuel H. Hofstadter all of New York City, of counsel), for appellants.

John Thomas Smith, of New York City (Anthony J. Russo and Albert M. Levert, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and MACK, Circuit Judges.

SWAN, Circuit Judge.

This is the third time this litigation has been before this court. In the first appeal a judgment of nonsuit in a prior action was affirmed. 289 F. 1001. Within a year thereafter the present action was begun in the Supreme Court of New York, and removed on diverse citizenship into the District Court. After a trial, judgment was entered dismissing the complaint on the ground that the judgment in the prior action was a bar. This was reversed in...

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