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KABET v. STEVENSON

No. 6158.

88 F.2d 993 (1937)

KABET v. STEVENSON.

Circuit Court of Appeals, Third Circuit.

February 26, 1937.

Attorney(s) appearing for the Case

Carl E. Glock, T. W. Pomeroy, Jr., and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., for appellant.

Harold E. McCamey, Charles A. Woods, Jr., and Dickie, Robinson & McCamey, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment of the District Court for the Western District of Pennsylvania. The facts are set forth in our prior opinion in which we directed that the right of Dr. Stevenson to a setoff and counterclaim be determined by a jury. Stevenson v. Ruth (C.C.A.) 76 F.2d 501.

On the second trial the right to a set-off was conceded. The only issue left for the jury to determine, therefore, was whether...

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