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TURKISH STATE RAILWAYS ADMIN. v. VULCAN IRON WORKS

No. 11697.

230 F.2d 108 (1956)

TURKISH STATE RAILWAYS ADMINISTRATION, Appellant, v. VULCAN IRON WORKS.

United States Court of Appeals Third Circuit.

Decided February 9, 1956.

Attorney(s) appearing for the Case

Eldon H. Crowell, Washington, D. C. (John McI. Smith, Harrisburg, Pa., on the brief; Cummings, Truitt & Reeves, Washington, D. C., Nauman, Smith, Shissler & Hall, Harrisburg, Pa., of counsel), for appellant.

William T. Kirby, Chicago, Ill., John J. Corwin, New York City (Paul Bedford, Wilkes-Barre, Pa., William T. Kirby, Chicago, Ill., John J. Corwin and Irving R. Horowitz, New York City, on the brief; Bedford, Waller, Darling & Mitchell, Wilkes-Barre, Pa., Levien & Singer, New York City, of counsel), for appellee.

Before MARIS, KALODNER and STALEY, Circuit Judges.

MARIS, Circuit Judge.

We are presented at the outset in this case with a motion by the defendant to dismiss the plaintiff's appeal from an order entered in a suit which it brought against the defendant in the District Court for the Middle District of Pennsylvania. The defendant had entered into two contracts with the plaintiff for the manufacture and delivery of locomotives. The complaint originally filed contained three counts seeking damages for delay and breach...

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