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BENNETT v. HOLLAND FURNACE CO.

No. 53.

116 F.2d 218 (1940)

BENNETT v. HOLLAND FURNACE CO.

Circuit Court of Appeals, Second Circuit.

December 16, 1940.

Attorney(s) appearing for the Case

Hamilton Hicks, of New York City, for plaintiff.

Wiman & Braham, of New York City (William S. O'Connor and Joseph G. Wiman, both of New York City, of counsel), for defendant.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

This suit, originally brought in the New York Supreme Court, County of Westchester, was removed to the District Court for the Southern District of New York and there tried to a jury. A verdict for the plaintiff was set aside on motion and a new trial granted. At the retrial, the plaintiff moved to dismiss the defendant's counterclaim. The motion was granted and defendant did not appeal. At the close of all the evidence, the defendant moved to...

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