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DANIELS v. BROWN SHOE CO.

No. 3002.

77 F.2d 899 (1935)

DANIELS v. BROWN SHOE CO., Inc.

Circuit Court of Appeals, First Circuit.

May 25, 1935.

Attorney(s) appearing for the Case

Stuart C. Rand, of Boston, Mass. (Alvah G. Sleeper and Bailey Aldrich, both of Boston, Mass., on the brief), for appellant.

Charles W. McDermott, of Boston, Mass., for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

MORTON, Circuit Judge.

This appeal involves a question of practice. The Brown Shoe Company brought an action at law against Daniels to recover certain payments which it had made to him under two patent license agreements, upon the ground that the consideration for such payments had failed. We shall refer to the parties, plaintiff and defendant, as they appeared in this original action. The defendant (Daniels) pleaded the general issue and certain other

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