STENTOR ELECTRIC MFG. CO. v. KLAXON CO.

No. 7398.

125 F.2d 820 (1942)

STENTOR ELECTRIC MFG. CO., Inc., v. KLAXON CO.

Circuit Court of Appeals, Third Circuit.

Decided February 9, 1942.


Attorney(s) appearing for the Case

John Thomas Smith, of New York City, and James D. Carpenter, Jr., of Jersey City, N. J. (Henry M. Hogan and Robert H. Spreen, both of New York City, and Kevin McInerney, of Rochester, N. Y., on the brief), for appellant.

E. Ennalls Berl, Paul Leahy, and Southerland, Berl, Potter & Leahy, all of Wilmington, Del. (Murray C. Bernays and Abraham Friedman, both of New York City, on the brief), for appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.


GOODRICH, Circuit Judge.

The litigation between these parties was originally tried in the District Court for the District of Delaware where judgment was given for the plaintiff. 1939, 30 F.Supp. 425. That judgment was affirmed in this court. 3 Cir., 1940, 115 F.2d 268. The Supreme Court allowed certiorari on one point only: whether a provision of the New York Civil Practice Act regarding moratory...

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