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KING v. MACWHYTE CO.

No. 2120.

60 F.Supp. 75 (1943)

KING v. MACWHYTE CO. et al.

District Court, W. D. Pennsylvania.

April 13, 1943.

Attorney(s) appearing for the Case

James J. Burns, Jr., of Pittsburgh, Pa. for Dorothy King.

Steward & Lewis, Mahlon E. Lewis, and Harold R. Schmidt, all of Pittsburgh, Pa., for MacWhyte Co.

Nash & Mutzabaugh, of Bradford, Pa., and Lester K. Wolf and Alex. C. Tener, both of Pittsburgh, Pa., for Bradford Supply Co.

GIBSON, District Judge.

The defendant, Macwhyte Company, has moved the court to dismiss the complaint upon its allegation that it does not set forth a cause of action.

The complaint, in substance, asserts that the husband of complainant, Donald King, on May 2, 1941, bought 12 feet of galvanized iron tiller rope from the Bradford Supply Company for use in hanging a scaffold. That rope had been taken from a reel of such rope sold to said Supply Company by the...

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