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COYNE v. SUPERIOR INCINERATOR CO. OF TEXAS

No. 149.

80 F.2d 844 (1936)

COYNE v. SUPERIOR INCINERATOR CO. OF TEXAS.

Circuit Court of Appeals, Second Circuit.

January 6, 1936.

Attorney(s) appearing for the Case

Compton, Dillon & Clark, of New York City (Thomas K. O'Brien and Beverly C. Cobb, both of New York City, of counsel), for appellant.

Nevius, Brett & Kellogg, of New York City (Asa B. Kellogg, of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

This is an action at law tried to a jury of one to recover the balance due on each of two contracts made by the defendant with one Freiberg, the plaintiff's assignor. The suit was removed from the New York Supreme Court for diversity of citizenship; the defendant being a Delaware corporation and the plaintiff a resident of New York. The sole defense below, and the only question here raised, relates to whether or not the contracts are unenforceable...

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