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BAILIS v. RECONSTRUCTION FINANCE CORPORATION

No. 7809.

128 F.2d 857 (1942)

BAILIS et al. v. RECONSTRUCTION FINANCE CORPORATION.

Circuit Court of Appeals, Third Circuit.

Decided June 16, 1942.

Attorney(s) appearing for the Case

Victor H. Blanc, of Philadelphia, Pa. (Fred L. Rosenbloom and Isador Pepp, both of Philadelphia, Pa., on the brief), for appellants.

Sol A. Liebman, of New York City (Samuel L. Sperling, of Philadelphia, Pa., and Effingham Evarts and George Kirk, III, both of New York City, on the brief), for appellee.

Before CLARK, JONES, and THOMPSON, Circuit Judges.

JONES, Circuit Judge.

The plaintiffs seek to recover damages for the defendant's alleged breach of contract or, failing their ability to prove the contract, then on the ground of a quasi-contract because of the defendant's alleged receipt and retention of the avails of the plaintiffs' undertaking. The court below, to which the case was tried without a jury, found for the defendant and entered judgment accordingly. From the findings made by the learned trial judge...

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