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MADEIRENSE DO BRASIL S/A v. STULMAN-EMRICK LUMBER CO.

No. 108.

147 F.2d 399 (1945)

MADEIRENSE DO BRASIL S/A v. STULMAN-EMRICK LUMBER CO.

Circuit Court of Appeals, Second Circuit.

January 9, 1945.

Attorney(s) appearing for the Case

Carl E. Ring, of New York City (Ring & Murray, of New York City, on the brief), for appellant.

Irving Moldauer, of New York City, for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This is an action, brought in the District Court because of the diverse citizenship of the parties, wherein Madeirense do Brasil S/A, a Brazilian corporation, sues to recover the balance due on a shipment of lumber to the defendant, Stulman-Emrick Lumber Co., in New York. In its complaint plaintiff set forth the contract and shipment on which it based its claim, and also explained that a later contract had been cancelled by defendant. It claimed...

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