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AMERICAN ALMOND PROD. CO. v. CONSOLIDATED PECAN S. CO.

No. 348.

144 F.2d 448 (1944)

AMERICAN ALMOND PRODUCTS CO. v. CONSOLIDATED PECAN SALES CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 21, 1944.

Attorney(s) appearing for the Case

Lewis F. Glaser, of New York City, for appellant.

Louis Scherer and Sidney Feldshuh, both of New York City, for appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

The defendant, Consolidated Pecan Sales Co., Inc., appeals from a judgment for damages upon a breach of contract, entered upon an award of arbitrators under § 9 of Title 9, U.S.C.A. The result depends upon the answer to two questions: (1) Whether the arbitrators exceeded their powers as defined by the submission; and (2) whether they should have awarded damages, although no evidence on that issue was presented to them. The controversy...

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