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PITTSBURGH EQUITABLE METER CO. v. PAUL C. LOEBER & CO.

Nos. 9092, 9240.

160 F.2d 721 (1947)

PITTSBURGH EQUITABLE METER CO. v. PAUL C. LOEBER & CO. (two cases).

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 25, 1947.

Attorney(s) appearing for the Case

Vincent O'Brien, of Chicago, Ill. (Defrees, Fiske, O'Brien & Thomson Richard E. Voland, all of Chicago, Ill., of counsel), for appellant.

Henry A. Gardner, Alfred T. Carton, James H. Douglas, Jr., Erwin W. Roemer and Edwin R. Eckersall, all of Chicago, Ill. (Gardner, Carton & Douglas and Wayland B. Cedarquist, all of Chicago, Ill., of counsel), for appellee.

Before SPARKS, MAJOR and MINTON, Circuit Judges.

SPARKS, Circuit Judge.

The appeal in No. 9092 is from a judgment for plaintiff in its suit to recover a secret profit alleged to have been received by defendant as plaintiff's agent. Defendant filed its motion to dismiss the complaint on the ground that it failed to state a recoverable cause of action, and on the specific ground that it failed to show that defendant was under any duty to plaintiff, as fiduciary or otherwise, with respect to any matters concerning...

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