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LOWENSTEIN v. FEDERAL RUBBER CO.

No. 10549.

85 F.2d 129 (1936)

LOWENSTEIN et al. v. FEDERAL RUBBER CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied August 31, 1936.

Attorney(s) appearing for the Case

Harry L. Thomas, of Kansas City, Mo. (Inghram D. Hook and Hook & Thomas, all of Kansas City, Mo., on the brief), for appellants.

R. B. Caldwell, of Kansas City, Mo. (J. M. McCune and McCune, Caldwell & Downing, all of Kansas City, Mo., on the brief), for appellee.

Before STONE, WOODROUGH, and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

The plaintiff, an automobile tire manufacturer, sued on an account for automobile tires sold and delivered, and the defendants, retail dealers, having answered admitting the debt as alleged, there was an instructed verdict for the plaintiff on its cause of action and judgment as prayed. But there was controversy as to three items of counterclaim set up by defendants. The defendants alleged that when they bought tires from the plaintiff, the...

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