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FAST, INC. v. SHANER

No. 9999.

181 F.2d 937 (1950)

FAST, Inc. v. SHANER et al.

United States Court of Appeals, Third Circuit.

Decided April 28, 1950.

Attorney(s) appearing for the Case

Thomas Raeburn White, Philadelphia, Pa. (W. Thomas McGann, Moorestown, N. J., C. Laurence Cushmore, Jr., White, Williams & Scott, Philadelphia, Pa., on the brief), for appellant.

Frank Rogers Donahue, Philadelphia, Pa. (Robert V. Bolger, II, Philadelphia, Pa., on the brief), for appellees.

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

KALODNER, Circuit Judge.

The plaintiff, a corporation specializing in excavation and related work, here appeals from a judgment entered against it on a jury verdict. The action was instituted to recover damages for breach of an alleged contract which required the defendants, who are partners specializing in railroad construction, to award a subcontract to the plaintiff. In addition to contesting the terms of the understanding, the defendants set up the defense of...

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