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GOLDSMITH v. ERWIN

No. 6106.

183 F.2d 432 (1950)

GOLDSMITH v. ERWIN.

United States Court of Appeals Fourth Circuit.

Decided July 26, 1950.

Attorney(s) appearing for the Case

Albert Adams and C. R. Wharton, Greensboro, N. C. (George A. Ferris, New York City, A. W. Sapp, Richard L. Wharton, Greensboro, N. C., Ferris & Adams, New York City, and Smith, Wharton, Sapp & Moore, Greensboro, N. C., on brief), for appellant.

George A. Long, Graham, N. C. (R. M. Robinson, Greensboro, N. C., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER, Circuit Judge, and WYCHE, District Judge.

WYCHE, District Judge.

This action was instituted by J. Z. Erwin, trading as Erwin-Sutton Hosiery Mills, against Sheertex Hosiery, Inc., and A. Phillip Goldsmith for $25,850.79, for goods alleged to have been sold to A. Phillip Goldsmith and shipped and delivered to Sheertex Hosiery, Inc. Plaintiff was unable to obtain valid service upon the corporate defendant, and for this reason the action was dismissed as to Sheertex Hosiery, Inc. The jury returned a verdict in...

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