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COLD METAL PROCESS CO. v. UNITED ENGINEERING & FDRY. CO.

No. 10307.

190 F.2d 217 (1951)

COLD METAL PROCESS CO. v. UNITED ENGINEERING & FOUNDRY CO.

United States Court of Appeals, Third Circuit.

Decided June 8, 1951.

As Amended on Denial of Rehearing August 6, 1951.

Attorney(s) appearing for the Case

Jo Baily Brown, Pittsburgh, Pa. (Patterson, Crawford, Arensberg & Dunn and Brown, Critchlow, Flick & Peckham, all of Pittsburgh, Pa., James S. Crawford, Paul N. Critchlow and Julian Miller, all of Pittsburgh Pa., on the brief), for appellant.

William H. Webb, Pittsburgh, Pa. (William Wallace, Booth, Pittsburgh, Pa., Clarence B. Zewadski, Detroit, Mich., Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Whittemore, Hulbert & Belknap, Detroit, Mich., Webb, Mackey & Burden, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

The appellant in this proceeding, United Engineering & Foundry Company, on March 28, 1949, filed a pleading denominated by it as a "Cross-Complaint" and "Ancillary" at Equity No. 2991, a suit originally filed on November 17, 1934 by The Cold Metal Process Co. against United in the court below. D.C., 92 F.Supp. 969. We will refer to it hereinafter as a "counterclaim".1 By its...

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