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ISBRANDTSEN CO. v. LOCAL 1291, ETC.

No. 10896.

204 F.2d 495 (1953)

ISBRANDTSEN CO., Inc. v. LOCAL 1291 OF INTERNATIONAL LONGSHOREMEN'S ASS'N.

United States Court of Appeals Third Circuit.

Decided May 7, 1953.

Attorney(s) appearing for the Case

Samuel B. Fortenbaugh, Jr., Philadelphia, Pa. (Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., Hunt, Hill & Betts, New York City, on the brief), for appellant.

Abraham E. Freedman, Philadelphia, Pa. (Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, GOODRICH and McLAUGHLIN, Circuit Judges.

GOODRICH, Circuit Judge.

This case involves a suit on a contract by one not a party to it. Action was brought in the district court, and that court, upon motion by the defendant, dismissed the case under rule 12(b), F.R.C.P. 28 U.S.C.1 We proceed, as did the district court, on the assumption that all statements of fact alleged are true.

Here are the facts. Isbrandtsen Company, Inc., was...

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