FINSKY v. UNION CARBIDE & CARBON CORP.

No. 12053.

249 F.2d 449 (1957)

Rose FINSKY et al., Plaintiffs-Appellants, v. UNION CARBIDE & CARBON CORP., a New York corporation, owners and operators of a division thereof known as Haynes Stellite Co., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

As Amended December 19, 1957.

Rehearing Denied December 26, 1957.


Attorney(s) appearing for the Case

Elmer Gertz, Irwin S. Baskes, Chicago, Ill., for plaintiffs-appellants.

Robert Tieken, U. S. Atty., Edwin A. Strugala, Asst. U. S. Atty., Chicago, Ill., Richard C. Bleloch, John Peter Lulinski, Chicago, Ill., Asst. U. S. Attys., of counsel, for appellee.

Before DUFFY, Chief Judge, SCHNACKENBERG and HASTINGS, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

Plaintiffs appeal from a summary judgment in favor of defendant, entered on defendant's motion, which judgment also denied plaintiffs' motion for summary judgment.

Plaintiffs filed a complaint in what they state is an action for damages for breach of a contract of sale, involving certain tungsten powder2 and other materials.

Defendant's answer to the complaint, as later amended,

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