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CORRAL, WODISKA Y CA. v. ANDERSON, THORSON & CO.

No. 6204.

95 F.2d 11 (1938)

CORRAL, WODISKA Y CA. v. ANDERSON, THORSON & CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 17, 1938.

Attorney(s) appearing for the Case

Justus Chancellor, Justus Chancellor, Jr., Carl H. Lundquist, and James O'Callaghan, all of Chicago, Ill., for appellants.

Winston, Strawn & Shaw, of Chicago, Ill. (Harold A. Smith and Thomas I. Underwood, both of Chicago, Ill., of counsel), for appellee.

Before SPARKS and TREANOR, Circuit Judges, and LINDLEY, District Judge.

TREANOR, Circuit Judge.

This is an appeal from a judgment in favor of the plaintiff in a suit to recover $41,114.85 for cigars alleged to have been sold and delivered to the defendant. The defendant filed a plea of non assumpsit, affidavit of merits, and a counterclaim for $100,000 damages. At the close of all evidence and after argument the court, upon plaintiff's motion, withdrew the evidence from the consideration of the jury and instructed the jury to find the...

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