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KRAUS v. GENERAL MOTORS CORPORATION

No. 163.

120 F.2d 109 (1941)

KRAUS v. GENERAL MOTORS CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

May 26, 1941.

Attorney(s) appearing for the Case

Edward E. Hoenig, of New York City (Edward E. Hoenig and Lester Hoenig, both of New York City, of counsel), for appellant.

John Thomas Smith, of New York City, for appellee General Motors Corporation.

Henry M. Hogan, of New York City (George A. Brooks, Gerard C. Smith, and Edward B. Wallace, all of New York City, of counsel), for appellee AC Spark Plug Co.

Before AUGUSTUS N. HAND and CHASE, Circuit Judges, and CLANCY, District Judge.

AUGUSTUS N. HAND, Circuit Judge.

The amended complaint contained four separate counts, of which the third was withdrawn by the plaintiff. Issues raised by the first, second and fourth counts, and the defendants' answers, were submitted to the jury which returned a verdict for the defendants. The plaintiff has appealed from the judgment entered on the verdict which, in our opinion, ought to be affirmed.

On July 1, 1919, the plaintiff Kraus and the defendant...

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