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RECONSTRUCTION FINANCE CORP. v. J. G. MENIHAN CORP.

No. 252.

111 F.2d 940 (1940)

RECONSTRUCTION FINANCE CORPORATION v. J. G. MENIHAN CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

May 13, 1940.

Attorney(s) appearing for the Case

Werner, Harris and Tew, of Rochester, N. Y. (Hugh J. O'Brien, of Rochester, N. Y., of counsel), for appellants.

Effingham Evarts, of New York City (C. J. Durr, Asst. Gen. Counsel, and Hans A. Klagsbrunn, Counsel, both of Washington, D. C., and Sol A. Liebman, of New York City, of counsel), for appellee.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

SWAN, Circuit Judge.

This appeal is before us upon a record made up pursuant to Rule 76 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The question presented is whether the trial court erred in dismissing the complaint without costs and in denying the defendants' application for an additional allowance on the theory, stated in the court's opinion, D. C., 29 F.Supp. 853<...

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