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KOCHTITZKY v. JOHN A. DENIE'S SONS CO.

No. 10087.

153 F.2d 520 (1946)

KOCHTITZKY et al. v. JOHN A. DENIE'S SONS CO.

Circuit Court of Appeals, Sixth Circuit.

February 25, 1946.

Attorney(s) appearing for the Case

Wm. M. Hall, of Memphis, Tenn., for appellants.

J. S. Allen, of Memphis, Tenn. (J. S. Allen and J. E. McCadden, both of Memphis, Tenn., of counsel; Armstrong, McCadden, Allen, Braden & Goodman, of Memphis, Tenn., on the brief), for appellee.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.

PER CURIAM.

The appellant partnership, Kochtitzky and Johnson, instituted in the district court a civil action for declaratory judgment on the obligations of the appellee, John A. Denie's Sons Company, under a contract between the parties, dated April 20, 1943, covering the sale of sand and gravel.

After a full hearing upon the testimony of witnesses introduced by the parties to the controversy, the district court filed comprehensive findings of fact, brief...

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