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AMERICAN MACHINE & METALS v. DE BOTHEZAT IMPELLER CO.

No. 21331.

173 F.2d 890 (1949)

AMERICAN MACHINE & METALS, Inc., v. DE BOTHEZAT IMPELLER CO., Inc.

United States Court of Appeals Second Circuit.

April 8, 1949.

Attorney(s) appearing for the Case

Alphonse Kenison, of New York City (Leonard P. Moore, of New York City, of counsel), for plaintiff-appellee.

Perkins, Malone & Washburn, of New York City (Watson Washburn, of New York City, of counsel), for defendant-appellant.

Before CHASE, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

Motion (for a stay) denied. Motion (to dismiss appeal) granted.

FRANK, Circuit Judge (dissenting).

This appeal relates to a suit by plaintiff for a declaratory judgment to determine whether it has the right to terminate a contract with the defendant. See our former decision, 2 Cir., 166 F.2d 535.

Defendant in its pleadings (1) set up plaintiff's lack of right to terminate in any circumstances, and...

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