AMERICAN LA FRANCE F. E. v. BOROUGH OF SHENANDOAH

No. 10121.

30 F.Supp. 251 (1939)

AMERICAN LA FRANCE FIRE ENGINE CO., Inc., to Use of AMERICAN LA FRANCE & FOAMITE INDUSTRIES, Inc., v. BOROUGH OF SHENANDOAH.

District Court, E. D. Pennsylvania.

October 11, 1939.


Attorney(s) appearing for the Case

Earl V. McLaughlin and Fred A. Hughes, both of Scranton, Pa., and John B. O'Brien, of Easton, Pa., for plaintiff.

Martin V. McGuire, of Shenandoah, Pa., James J. Gallagher, of Mahanoy, Pa., and Daniel J. Boyle, of Tamaqua, Pa., for defendant.


KIRKPATRICK, District Judge.

This action was begun by a bill in equity filed prior to the effective date of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The plaintiff is a manufacturer of fire apparatus. It seeks to recover from the defendant the reasonable rental value of two fire trucks, each consisting of a combination of pump, chemical engine and hose motor car. The new Rules are held applicable to the case, and the doubt as to equity...

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