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AMERICAN STORES CO. v. GERLACH

No. 4660.

55 F.2d 658 (1932)

AMERICAN STORES CO. v. GERLACH et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied February 4, 1932.

Attorney(s) appearing for the Case

Louis Wagner, R. A. Smith, and Thomas J. Clary, all of Philadelphia, Pa., for appellant.

Abraham M. Rose, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This suit was originally brought in the state court. The plaintiffs claimed $20,000 each, or $40,000 damage. The defendant, alleging plaintiffs were citizens of Pennsylvania and defendant a corporate citizen of Delaware, removed the case to the federal court. It was there tried and resulted in a verdict of $100 for each plaintiff. Plaintiffs moved for a new trial, which the court granted, and plaintiffs having reduced their claims to $2...

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