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A. M. WEBB & CO. v. ROBERT P. MILLER CO.

No. 9739.

176 F.2d 678 (1949)

A. M. WEBB & CO., Inc. v. ROBERT P. MILLER CO.

United States Court of Appeals Third Circuit.

Decided July 27, 1949.

Attorney(s) appearing for the Case

Herbert Spencer Leman, New York City (Moss & Moss, Philadelphia, Pa., on the brief), for appellant.

Julius Zizmor, New York City (Nathan E. Zelby, New York City, and Samuel E. Bertolet, Reading, Pa., on the brief), for defendant-appellee.

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

O'CONNELL, Circuit Judge.

This diversity case is being considered by us for a second time. On the previous appeal, we reinstated the complaint after it had been dismissed in the court below. Our opinion, which includes much of the factual background of the case, is reported at 1946, 157 F.2d 865, and need not be here repeated.1

Plaintiff ("Webb"), a middleman, seeks an accounting and damages for...

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