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DIFFERENTIAL STEEL CAR CO. v. MACDONALD

No. 10925.

180 F.2d 260 (1950)

DIFFERENTIAL STEEL CAR CO. v. MACDONALD et al.

United States Court of Appeals Sixth Circuit.

February 17, 1950.

Attorney(s) appearing for the Case

Robert C. Dunn, and Ross W. Shumaker, Toledo, Ohio (Shumaker, Loop, Kendrick & Winn, Robert C. Dunn, Toledo, Ohio, on the brief), for appellant.

McKeehan, Merrick, Arter & Stewart, Peter Reed, C. M. Horn, Edward D. Crocker, Cleveland, Ohio, for appellees.

Before SIMONS, McALLISTER, and MILLER, Circuit Judges.

McALLISTER, Circuit Judge.

Appellant contracted with the Republic of Bolivia to build two motor rail cars, according to certain specifications, for use on a government railroad in that country. The cars were built and shipped to Bolivia, but the Bolivian government refused to accept them on the ground that they did not meet specifications and warranties, and completely failed in operation.

Appellees were agents of appellant, and will hereafter be referred...

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