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MARSHALL'S U. S. AUTO SUPPLY v. CASHMAN

No. 1983.

111 F.2d 140 (1940)

MARSHALL'S U. S. AUTO SUPPLY, Inc., v. CASHMAN.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 9, 1940.

Attorney(s) appearing for the Case

Barton E. Griffith, of Topeka, Kan. (Ralph T. O'Neil and John D. M. Hamilton, both of Topeka, Kan., on the brief), for appellant.

Charles Rooney and Roy N. McCue, both of Topeka, Kan., for appellee.

Before BRATTON and HUXMAN, Circuit Judges, and VAUGHT, District Judge.

BRATTON, Circuit Judge.

This is a suit to recover damages for personal injuries. Reference will be made to the parties as they appeared in the court below. Plaintiff purchased from defendant at its store in Topeka, Kansas, a tire for his automobile. Defendant maintained a continuing arrangement with a nearby garage under which for an agreed fee to be paid by defendant the garage mounted tires sold by defendant on the automobiles...

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