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CANISTER CO. v. NATIONAL CAN CORPORATION

Nos. 9403, 9404.

163 F.2d 683 (1947)

CANISTER CO. v. NATIONAL CAN CORPORATION. CANISTER CO., Inc., v. SAME.

Circuit Court of Appeals, Third Circuit.

Decided September 11, 1947.

Attorney(s) appearing for the Case

Wm. S. Potter and Daniel F. Wolcott, both of Wilmington, Del., for appellees.

Robert T. McCracken, Geo. G. Chandler, and Samuel S. Logan, Jr., all of Philadelphia, Pa., and John J. Morris, Jr., of Wilmington, Del., for plaintiffs-appellants.

Before BIGGS, MARIS, and O'CONNELL, Circuit Judges.

BIGGS, Circuit Judge.

There are two appeals at bar as there were two suits in the court below. The second suit filed in the court below, that at No. 365 on the docket of the District Court, is identical with the earlier case filed at No. 309 save only for the change of the name of the plaintiff which, apparently, was thought to render the filing of a new complaint desirable. For the purposes of the appeals both cases may be treated as one as we will refer to both...

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