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SOUTHERN TALLOW CO. v. DAVID J. JOSEPH & CO.

No. 8865.

101 F.2d 862 (1939)

SOUTHERN TALLOW CO. v. DAVID J. JOSEPH & CO., Inc.

Circuit Court of Appeals, Fifth Circuit.

February 27, 1939.

Attorney(s) appearing for the Case

W. F. Himes, of Tampa, Fla., L. D. McGregor, of Warrenton, Ga., Louis Schonbrun, and Ralph C. Binford, both of Tampa, Fla., for appellant.

Morris E. White and E. C. Johnson, both of Tampa, Fla., and Howard Gould, of Cincinnati, Ohio, for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This was an action against the seller for failure to deliver melting steel, commonly known as scrap iron. The appellee, David J. Joseph Company, having taken over the assets and assumed the liabilities of the original plaintiff, was substituted as plaintiff below, pursuant to stipulation and order of court. This appeal is prosecuted from a final judgment against appellant entered upon the directed verdict of a jury assessing damages in the sum...

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