HOWARD v. MERCURY RECORD CORPORATION

No. 12600.

178 F.2d 449 (1949)

HOWARD v. MERCURY RECORD CORPORATION et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 29, 1949.


Attorney(s) appearing for the Case

Winston B. McCall, Birmingham, Ala., Harry B. Cohen, Birmingham, Ala., Williams S. Pritchard, Birmingham, Ala., for appellant.

Abe Berkowitz, Birmingham, Ala., Mayer Goldberg, Chicago, Ill., for appellees.

Before HUTCHESON, McCORD, and RUSSELL, Circuit Judges.


RUSSELL, Circuit Judge.

The appellant is a wholesale dealer in phonograph records and the appellee is a producer and distributor of such records. As complainant in the trial court, appellant asserted by several counts, specified claims for damages against the defendant, appellee, alleged to have been sustained as the result of breaches of an oral contract between the parties. There was a jury trial, and upon the conclusion of the complainant's evidence, the Court...

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