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PHILADELPHIA STORAGE B. CO. v. KELLEY-HOW-THOMSON CO.

No. 9617.

64 F.2d 834 (1933)

PHILADELPHIA STORAGE BATTERY CO. v. KELLEY-HOW-THOMSON CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 31, 1933.

Attorney(s) appearing for the Case

D. S. Holmes, of Duluth, Minn. (R. L. Mayall, of Duluth, Minn., W. Barclay Lex, of Philadelphia, Pa., Baldwin, Holmes, Mayall & Reavill, of Duluth, Minn., and Hepburn & Norris, of Philadelphia, Pa., on the brief), for appellant.

James G. Nye, of Duluth, Minn. (Oscar Mitchell, A. C. Gillette, Donald D. Harries, and Mitchell, Gillette, Nye & Harries, all of Duluth, Minn., on the brief), for appellee.

Before STONE, GARDNER, and SANBORN, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal from a judgment rendered in favor of appellee in an action for damages for fraud and deceit. The parties will be referred to as they appeared below.

Plaintiff is a hardware jobber, with headquarters at Duluth, Minn., and having dealer customers throughout the Northwest, from Northern Michigan to Montana. Defendant is a manufacturer of storage batteries and of radios and radio accessories, which are marketed and advertised...

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