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SCHWARTZ v. UNITED MERCHANTS & MANUFACTURERS

No. 437.

72 F.2d 256 (1934)

SCHWARTZ v. UNITED MERCHANTS & MANUFACTURERS, Inc.

Circuit Court of Appeals, Second Circuit.

July 9, 1934.

Attorney(s) appearing for the Case

Sutta & Frankel, of New York City (Emil Weitzner, of New York City, of counsel), for appellant.

Thornton Alexander, of Boston, Mass. (James H. Halpin and Kenneth M. Spence, both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

The action was for breach by the defendant, a corporation, of a contract between itself and the plaintiff. The defendant held a majority of the shares of two other companies, the Ashland Corporation and the United Rayon Mills, and apparently controlled their affairs; they were textile mills, the defendant was a holding company. The plaintiff had been made the selling agent of the Ashland Corporation, discharging his duties through a company...

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