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HOLMES v. HOLLAND FURNACE CO.

No. 4434.

103 F.2d 563 (1939)

HOLMES v. HOLLAND FURNACE CO.

Circuit Court of Appeals, Fourth Circuit.

April 24, 1939.

Attorney(s) appearing for the Case

Howard E. Manning, of Raleigh, N. C., and W. A. Dees, of Goldsboro, N. C. (Kenneth C. Royall, of Raleigh, N. C., on the brief), for appellant

Robert Ruark, of Raleigh, N. C. (Samuel W. Ruark and Ruark & Ruark, all of Raleigh, N. C., on the brief), for appellee.

Before NORTHCOTT and SOPER, Circuit Judges, and HARRY E. WATKINS, District Judge.

HARRY E. WATKINS, District Judge.

This action was originally instituted in the superior court of Wayne County, state of North Carolina, and removed by the defendant to the District Court of the United States for the Eastern District of North Carolina. The object of the action was to recover damages of $5,000 from the defendant for the alleged negligent installation of a furnace in plaintiff's house. At the close of all testimony, the trial court, upon motion of defendant...

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