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BUSH v. REMINGTON RAND

No. 155, Docket 22522.

213 F.2d 456 (1954)

BUSH et al. v. REMINGTON RAND, Inc. BUSH v. REMINGTON RAND, Inc.

United States Court of Appeals, Second Circuit.

Decided May 25, 1954.

Attorney(s) appearing for the Case

Robert P. Butler, Arthur E. Howard, Jr., Valentine J. Sacco, Butler, Volpe, Garrity & Sacco, Hartford, Conn., for plaintiffs-appellees.

John W. Davis, New York City, Raymond E. Hackett, Stamford, Conn., William R. Meagher, Brooklyn, N. Y., William H. Timbers, Washington, D. C., Cummings & Lockwood, Stamford, Conn. (Francis J. McNamara, New York City, Edwin T. Bean, Buffalo, N. Y., Edward F. Snyder, Stamford, Conn., and James J. Higginson, New York City, on the brief), for defendant-appellant.

Before CHASE, Chief Judge, AUGUSTUS HAND, Circuit Judge, and GIBSON, District Judge.

GIBSON, District Judge.

There are two actions of contract brought (a) by two daughters, Isabel Dysart Bush and Dorothy Dysart Fellers, and one son, Samuel Clayton Dysart, of Birney Dysart, against Remington Rand, Incorporated; and (b) by one daughter — Isabel Dysart Bush, Administratrix d. b. n., c. t. a. of estate of Birney Dysart, against the same defendant. The gist of the action, in each case, is identical. Henceforth, except as to one alleged error, the...

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