Attorney(s) appearing for the Case
Charles C. Tillinghast, Jr., New York City, Dexter N. Shaw, Philadelphia, Pa. (Howson & Howson, Wilson Oberdorfer, Philadelphia, Pa., Richard W. Hogue, Jr., New York City, on the brief), for appellant.
Leonard L. Kalish, Philadelphia, Pa., for appellee.
Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.
United States Court of Appeals Third Circuit.
MARIS, Circuit Judge.
This is an appeal by the plaintiff from an order of the District Court for the Eastern District of Pennsylvania dismissing without prejudice the plaintiff's complaint which sought specific performance of certain acts which it alleged the defendant had agreed to perform. The order did not dispose of, but left pending for future determination, the defendant's counterclaim for damages arising from the same transactions. The order was entered upon...
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