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JOSEPH I. SHAPIRO, INC. v. ALLMAN & OLINS, INC.

No. 3158.

84 F.2d 964 (1936)

JOSEPH I. SHAPIRO, Inc., v. ALLMAN & OLINS, Inc.

Circuit Court of Appeals, First Circuit.

July 6, 1936.

Attorney(s) appearing for the Case

Harold Horvitz and Guterman & Guterman, all of Boston, Mass., for appellant.

Joseph B. Jacobs, of Boston, Mass., for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

PER CURIAM.

This petition for leave to appeal is granted. So far as we can ascertain after hearing the parties it is certain that the defendant, Allman & Olins, Inc., was not served with process, and it is claimed that it did not voluntarily appear. No pleadings were filed, either answer, demurrer, or motion to dismiss, and no evidence was taken or facts found. All that appears to have taken place in the District Court leading up to the order of May 11, 1936,...

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