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STEPHENS v. RICHMAN & SAMUELS, INC.

No. 9391.

118 F.2d 1011 (1941)

STEPHENS v. RICHMAN & SAMUELS, Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 10, 1941.

Attorney(s) appearing for the Case

V. W. Taylor, of Brownsville, Tex., Sid L. Hardin, of Edinburg, Tex., and George H. Berman, of New York City, for appellant.

Sanford Solarz, of New York City, W. B. Jack Ball, of San Antonio, Tex., and R. A. Hightower, of Brownsville, Tex., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

The appellant sued the appellee for damages for wrongfully withholding part of the proceeds of the sale of produce shipped by him to appellee and to its predecessor, Richman & Samuels, a partnership. The appellant alleges that both the partnership and the corporation fraudulently misappropriated funds belonging to him. It is further alleged that the corporation, which alone is sued, agreed to pay the debts of the partnership.

Originally...

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