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KIRSH NOVELTY CO. v. MID-ATLANTIC GLASS CO.

No. 5535.

158 F.2d 518 (1946)

KIRSH NOVELTY CO., Inc., v. MID-ATLANTIC GLASS CO.

Circuit Court of Appeals, Fourth Circuit.

December 20, 1946.

Attorney(s) appearing for the Case

William Bruce Hoff, of Parkersburg, W. Va. (H. O. Hiteshew, of Parkersburg, W. Va., on the brief), for appellant.

Ernest R. Bell, of Fairmont, W. Va. (Harry E. Moats, of Harrisville, W. Va., and L. T. Eddy, of Fairmont, W. Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and COLEMAN, District Judge.

PER CURIAM.

This suit was brought by a wholesale dealer in glassware located in New York City for the alleged failure of a manufacturer located in West Virginia to ship goods in accordance with accepted orders. The controversy is one of fact and involves the issue whether under the stress of war conditions the manufacturer failed to ship goods covered by accepted orders or whether, on the other hand, the dealer committed the first breach of contract by failing to...

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