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LIPSETT WRECKING & S. CORP. v. JOSEPH REID GAS ENGINE CORP.

No. 8138.

137 F.2d 847 (1943)

LIPSETT WRECKING & SALVAGE CORPORATION v. JOSEPH REID GAS ENGINE CORPORATION.

Circuit Court of Appeals, Third Circuit.

Decided August 17, 1943.

Attorney(s) appearing for the Case

Arthur B. Hyman, of New York City (Joseph S. Rosenbaum, of Pittsburgh, Pa., on the brief), for appellant.

T. F. Ryan, of Pittsburgh, Pa. (Joseph H. Bialas and Bialas & Ryan, both of Pittsburgh, Pa., and Judson E. Trax, of Oil City, Pa., on the brief), for appellee.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

The plaintiff, Lipsett Wrecking & Salvage Corporation, has sued the defendant, Joseph Reid Gas Engine Corporation, for failure to deliver merchandise in accordance with a contract which it asserts it made with the defendant by reason of a bid at a public auction held by the defendant at its plant at Oil City on May 1, 1941. The court below gave judgment for the defendant. The plaintiff has appealed.

The plaintiff's bid was on item...

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