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SPANEL v. BERKMAN

Nos. 9534, 9535.

171 F.2d 513 (1948)

SPANEL v. BERKMAN et al. (two cases).

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 14, 1949.

Attorney(s) appearing for the Case

Max Swiren, Joseph P. Antonow and Hubert Nexon, all of Chicago, Ill. (Swiren & Heineman, of Chicago, Ill., of counsel), for Spanel.

George J. O'Grady and Robert McClory, both of Chicago, Ill. (Daily, Dines, White & Fiedler, of Chicago, Ill., of counsel), for Berkman.

Before MAJOR, Chief Judge, and MINTON and SPARKS, Circuit Judges.

MAJOR, Chief Judge.

These are appeals from a judgment, entered October 15, 1947, in an action for a declaratory judgment under Sec. 274d of the Judicial Code, 28 U.S.C.A. § 400 [now §§ 2201, 2202]. In No. 9534, the appeal is by the plaintiff from that portion of the judgment adverse to him, and in No. 9535, the appeal is by the defendants from a single provision of the judgment adverse to them.

We are faced at the threshold with defendants'...

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