APEX SMELTING CO. v. BURNS

No. 9743.

175 F.2d 978 (1949)

APEX SMELTING CO. v. BURNS et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 24, 1949.


Attorney(s) appearing for the Case

Julius S. Neale, Chicago, Ill., Walter E. Moss, Chicago, Ill., for appellant.

David A. Canel, Chicago, Ill. (Leonard A. Canel, of counsel), for appellee.

Before MAJOR, Chief Judge, KERNER and DUFFY, Circuit Judges.


MAJOR, Chief Judge.

This is an appeal from a judgment in defendants' favor, entered September 14, 1948, following a directed verdict, allowed on defendants' motion, at the conclusion of plaintiff's case.

Plaintiff filed its complaint against the defendants, alleging that it was the owner and in possession of certain described premises located in the city of Chicago, Illinois, and was in the exercise of due care and caution for the preservation of such premises...

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