TOPE v. BEAL

No. 6671.

98 F.2d 548 (1938)

TOPE v. BEAL et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied August 12, 1938.


Attorney(s) appearing for the Case

Harvey A. Miller and Miller & Nesbitt, all of Pittsburgh, Pa., and Raymond E. Steele, of Steubenville, Ohio, for appellant.

James K. Ruby, of Pittsburgh, Pa. (Alter, Wright & Barron, of Pittsburgh, Pa., of counsel), for appellees.

Before BUFFINGTON and BIGGS, Circuit Judges, and DICKINSON, District Judge.


BUFFINGTON, Circuit Judge.

In the court below the two plaintiffs, citizens of Pennsylvania, brought suit against defendant, a citizen of Ohio, to recover damages for breach of the oral contract hereafter noted. On trial plaintiffs recovered a verdict. Whereupon defendant entered an appeal to this court.

The first question involved is the alleged error of the court in refusing to set aside the service of summons. The allegation of defendant was that "the service...

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