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BROWN FRUIT CO. v. GOTHAM FACTORS CORPORATION

No. 11044.

97 F.2d 458 (1938)

BROWN FRUIT CO. v. GOTHAM FACTORS CORPORATION.

Circuit Court of Appeals, Eighth Circuit.

June 14, 1938.

Attorney(s) appearing for the Case

Claude A. Davis, of Grand Island, Neb. (J. L. Cleary and William Suhr, both of Grand Island, Neb., on the brief), for appellant.

Louis H. Solomon, of New York City (H. G. Wellensiek, of Grand Island, Neb., on the brief), for appellee.

Before STONE, WOODROUGH, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

An action at law was brought by the Gotham Factors Corporation against the Brown Fruit Company on trade acceptances which were drawn on the Brown Fruit Company by the Duralith Corporation and endorsed by the latter corporation to the Gotham Factors Corporation.

The transaction out of which the trade acceptances originated consisted of a sale by the Duralith Corporation to the Brown Fruit Company of certain wall texture called "Duralith...

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