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POTTER TITLE & TRUST CO. v. OHIO BARGE LINE

Nos. 9896, 9919.

184 F.2d 432 (1949)

POTTER TITLE & TRUST CO. v. OHIO BARGE LINE, Inc. Appeal of OHIO BARGE LINE, Inc. Appeal of POTTER TITLE & TRUST CO.

United States Court of Appeals Third Circuit.

Reargued October 4, 1949.

Decided December 22, 1949.

Reargued October 3, 1950.

Decided October 10, 1950.

Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for Potter Title & Trust Co.

Ira R. Hill, Pittsburgh Pa. (Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for Ohio Barge Line, Inc.

Before BIGGS, Chief Judge, and MARIS, McLAUGHLIN, O'CONNELL and KALODNER, Circuit Judges.

PER CURIAM.

Five judges sat in the court in banc at the reargument of this case. Three of them, Judges MARIS, O'CONNELL and KALODNER, were of the view that the district court erred in not entering judgment for the defendant and they voted in conference to reverse the judgment which the district court entered for the plaintiff. Their views are set out in the opinion which Judge O'CONNELL had prepared before his death and which the court now orders to be filed. Chief...

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