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KELBLE OPERATING CORPORATION v. JARKA CORPORATION

No. 307.

96 F.2d 601 (1938)

KELBLE OPERATING CORPORATION v. JARKA CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 2, 1938.

Attorney(s) appearing for the Case

Thomas A. McDonald, of New York City (Thomas A. McDonald, of New York City, Joseph V. Costa, of Brooklyn, N. Y., and I. J. Copperman, of counsel), for appellant.

Clark, Carr & Ellis, of New York City (Paul A. Crouch, of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from a judgment entered on a verdict directed by the court for the defendant in an action at law begun by the plaintiff to recover commissions from the defendant pursuant to an alleged contract, at the rate of 5 cents per gross ton on raw sugar unloaded by the defendant from steamers at Norfolk, Va. Under the contract between the defendant and the plaintiff the former is alleged to have agreed to pay the commissions...

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