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PUBLICKER v. SHALLCROSS

No. 7028.

106 F.2d 949 (1939)

PUBLICKER v. SHALLCROSS et al.

Circuit Court of Appeals, Third Circuit.

October 6, 1939.

Attorney(s) appearing for the Case

Harry Shapiro, of Philadelphia, Pa., for appellant.

Morris Wolf and Edward A. G. Porter, both of Philadelphia, Pa. (Wolf, Block, Schorr & Solis-Cohen and Saul, Ewing, Remick & Saul, all of Philadelphia, Pa., of counsel), for appellees.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The first time this case came before us, counsel for appellant-respondent demurred to and so technically admitted the truth of the facts alleged by petitioner-appellees. We understood that he did so purely for the purpose of testing the law. We felt that the cause might be more justly decided if all the facts were known, and remanded it to the District Court with direction to file an answer and proceed to hearing on the merits, Publicker v. Shallcross...

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