LICHTER v. GOSS

No. 9311.

163 F.2d 1000 (1947)

LICHTER et al. v. GOSS et al.

Circuit Court of Appeals, Seventh Circuit.

October 29, 1947.


Attorney(s) appearing for the Case

Carl Schulz, of Chicago, Ill., Paul W. Steer and Steer, Strauss & Adair, all of Cincinnati, Ohio, and Addis E. Hull and Poppenhusen, Johnston, Thompson & Raymond, all of Chicago, Ill., for plaintiffs-appellants.

Frank M. Pfeifer, of Springfield, Ill., and James H. Cartwright, of Chicago, Ill. (Pfeifer, Fixmer & Gasaway, and Winston, Strawn & Shaw, all of Chicago, Ill., of counsel), for defendants-appellees.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


MAJOR, Circuit Judge.

This is an appeal from an order entered December 18, 1946, dismissing plaintiffs' complaint which prayed for a declaratory judgment on the ground that it failed to show compliance, as a condition precedent to bringing the action, with the provision of a contract entered into between plaintiffs and defendants providing for arbitration. The failure of plaintiffs to allege such compliance was raised by defendants' motion to dismiss.

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