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WERNER v. ZINTSMASTER

No. 4809.

61 F.2d 298 (1932)

WERNER v. ZINTSMASTER.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 19, 1932.

Attorney(s) appearing for the Case

John A. Metz, of Pittsburgh, Pa., Benjamin R. Williams, of Butler, Pa., and Wm. C. McClure, of Pittsburgh, Pa., for appellant.

James Milholland and Alter, Wright & Barron, all of Pittsburgh, Pa., for appellee.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.

WOOLLEY, Circuit Judge.

This is the familiar case of a Florida land speculation in which, after the boom broke, each party looked out for himself with little regard for his contractual obligations. As there is an entire absence of equities running to either party, we approach the matter coldly.

The case has been tried twice. Each time the plaintiff had judgment on a directed verdict; and from each judgment the defendant appealed. We refer to our opinion on...

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