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UNITED STATES v. STEPHANIDIS

No. 232.

47 F.2d 554 (1931)

UNITED STATES v. STEPHANIDIS et al.

Circuit Court of Appeals, Second Circuit.

February 2, 1931.

Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg and Alfred C. McKenzie, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for the United States.

Charles R. Hickox and Richard L. Sullivan, both of New York City, for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

No bill of exceptions was settled and allowed; consequently the only question open for our consideration is whether the judgment could properly be rendered under the pleadings. Reilly v. Beekman, 24 F.2d 791 (C. C. A. 2).

The complaint alleges the making of a contract, attached as an exhibit, by which plaintiff agreed to sell, and the defendant Stephen D. Stephanidis agreed to buy, the steamship Kilpatrick...

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