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CONSOL. FISHERIES CO. v. BROWN-ALLEN CHEMS., INC.

305 N.Y. 851 (1953)

Consolidated Fisheries Company, Respondent, v. Brown-Allen Chemicals, Inc., Appellant.

Court of Appeals of the State of New York.

Decided July 14, 1953

Attorney(s) appearing for the Case

Lemuel Skidmore and Howard F. Ordman for appellant.

Lionel S. Popkin and Burton I. Monasch for respondent.

Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ. Taking no part: VAN VOORHIS, J.

Orders affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. We do not pass upon the issue as to whether appellant was prejudiced because it may have bought the fish oil for resale for the reason that that issue is not raised by the pleadings...

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