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SMYTH SALES v. PETROLEUM HEAT & POWER CO.

No. 8365.

141 F.2d 41 (1944)

SMYTH SALES, Inc., v. PETROLEUM HEAT & POWER CO., Inc.

Circuit Court of Appeals, Third Circuit.

Decided February 24, 1944.

Attorney(s) appearing for the Case

George W. C. McCarter, of Newark, N. J. (McCarter, English & Egner, of Newark, N. J., on the brief) for appellant.

Charles S. Barrett, Jr., of Newark, N. J. (Lum, Fairlie & Wachenfeld, of Newark, N. J., on the brief) for appellee.

Before MARIS and JONES, Circuit Judges, and KALODNER, District Judge.

MARIS, Circuit Judge.

The plaintiff brought an action for fraud and deceit in the District Court for the District of New Jersey. The first trial resulted in a nonsuit. This court reversed and ordered a new trial. 128 F.2d 697. The second trial resulted in a verdict and judgment for the plaintiff. This appeal followed.

The cause of action arose out of a contract entered into between the plaintiff and defendant in 1933, with...

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