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DOHERTY v. CREMERING

No. 6954.

83 F.2d 388 (1936)

DOHERTY v. CREMERING et al.

Circuit Court of Appeals, Sixth Circuit.

April 17, 1936.

Attorney(s) appearing for the Case

Robert S. Marx, of Cincinnati, Ohio (Dinsmore, Shohl, Sawyer & Dinsmore and Nichols, Morrill, Wood, Marx & Ginter, all of Cincinnati, Ohio, on the brief), for appellant.

E. P. Moulinier and Floyd Williams, both of Cincinnati, Ohio (Peck, Shaffer & Williams and Moulinier, Bettman & Hunt, all of Cincinnati, Ohio, on the brief), for appellees.

Before MOORMAN, HICKS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

Appeal from a judgment in an action for damages for failure to deliver certain stocks alleged to have been sold by appellant to appellees. It is not necessary to discuss the merits, because the case is governed by certain procedural features.

Appellees filed a petition in the Court of Common Pleas of Hamilton County, Ohio, against appellant, a resident of New York City, New York, on June 16, 1931. At the same time they filed an affidavit...

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