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ALPIRN v. WILLIAMS STEEL & SUPPLY CO.

No. 10596.

199 F.2d 734 (1952)

ALPIRN et al. v. WILLIAMS STEEL & SUPPLY CO.

United States Court of Appeals, Seventh Circuit.

November 5, 1952.

Attorney(s) appearing for the Case

Arthur Magidson, Emil Hersh, Frederick Hersh, Milwaukee, Wis. (Jack W. Marer, Omaha, Neb., of counsel), for appellant.

Ben L. Chernov, Robert A. Hess, Milwaukee, Wis., for appellee.

Before MAJOR, Chief Judge, FINNEGAN and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

The plaintiff, Morton Alpirn, d/b/a Western Smelting & Refining Co., was engaged in the business of buying and selling metal products, including steel pipe, as a broker, wholesaler and dealer in Omaha, Nebraska. On November 14, 1947, after the exchange of several letters and telegrams and after he had been furnished a sample of steel pipe, the plaintiffs ordered by letter from the defendant, Herman Williams, d/b/a Williams Steel & Supply...

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