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BENNELL REALTY CO. v. E. G. SHINNER & CO.

No. 5200.

74 F.2d 491 (1935)

BENNELL REALTY CO. v. E. G. SHINNER & CO., Inc.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 31, 1935.

Attorney(s) appearing for the Case

B. F. Saltzstein, of Milwaukee, Wis., for appellant.

W. L. Gold, W. G. Sullivan, and Morris Karon, all of Milwaukee, Wis., for appellee.

Before ALSCHULER, SPARKS, and FITZHENRY, Circuit Judges.

SPARKS, Circuit Judge.

Two questions are presented by this appeal: (1) Is the interlocutory decree from which the appeal is taken, subject to appeal, and (2) did the District Court err in holding that the award was one of arbitration rather than one of appraisement, hence invalid for failure to hear evidence.

Appellee moved to dismiss this appeal on the ground that (1) the decree appealed from is an interlocutory one, and (2) the restraining order does not...

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