CANISTER CO. v. LEAHY

No. 10077.

182 F.2d 510 (1950)

CANISTER CO. et al. v. LEAHY, Chief Judge.

United States Court of Appeals Third Circuit.

Decided May 17, 1950.


Attorney(s) appearing for the Case

Arthur C. Gillette, Newark, N. J. (James Harte Levenson, New York City, of counsel; John J. Morris, Jr., Wilmington, Del., on the brief), for petitioners.

Richard F. Corroon, Wilmington, Del. (Wm. S. Potter, Wilmington, Del., on the brief), for respondent and intervenor.

Robert T. McCracken, George G. Chandler, Philadelphia, Pa., on the brief, amicus curiæ.

Before BIGGS, Chief judge, and GOODRICH and HASTIE, Circuit Judges.


BIGGS, Chief Judge.

On May 13, 1943 the Canister Company and on February 1, 1944 The Canister Company, Inc. (referred to collectively hereinafter as "Canister") filed suits in the court below (Civil Actions Nos. 309 and 365) against National Can Corporation ("National Can"). The complaints in the two suits may be treated as substantially identical for the purposes of the instant suit. Both complaints sought specific performance of an oral contract entered into by...

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