RUST ENGINEERING CO. v. LEHIGH STRUCTURAL STEEL CO.

No. 6371.

79 F.2d 830 (1935)

RUST ENGINEERING CO. v. LEHIGH STRUCTURAL STEEL CO.

United States Court of Appeals for the District of Columbia.

Decided October 14, 1935.

Rehearing Denied November 4, 1935.


Attorney(s) appearing for the Case

Joseph T. Sherier, of Washington, D. C., for appellant.

H. Winship Wheatley, of Washington, D. C., Roberts B. Thomas, of New York City, and H. Winship Wheatley, Jr., of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, JJ.


PER CURIAM.

The case was here before on a special appeal (61 App. D. C. 224, 59 F.2d 1038). The facts are shown in our former opinion. On this appeal two main questions are involved.

First, whether the award made by the arbitrators is final; second, whether the defendant, by introducing evidence and proceeding without objection to a conclusion of the whole case before the judge, waived its right to a trial at law by a jury...

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