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ZION v. SENTRY SAFETY CONTROL CORPORATION

Nos. 12373, 12374.

258 F.2d 31 (1958)

Peter P. ZION and Leonard A. Green, formerly co-partners trading as Peter P. Zion-Leonard A. Green, Appellants, v. SENTRY SAFETY CONTROL CORPORATION. Peter P. ZION, David F. Kaliner and Leonard A. Green, formerly co-partners trading as Zion, Kaliner and Green, Appellants, v. SENTRY SAFETY CONTROL CORPORATION.

United States Court of Appeals Third Circuit.

Reargued June 11, 1958.

Decided August 7, 1958.

Attorney(s) appearing for the Case

Henry T. Reath, Philadelphia, Pa., Stewart Lynch, Wilmington, Del. (Hastings, Lynch & Taylor, Wilmington, Del., Duane, Morris & Heckscher, Philadelphia, on the brief), for appellants.

Edwin P. Rome, Philadelphia, Pa. (Morris L. Weisberg, Philadelphia, Pa., Blank, Rudenko & Klaus, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY, and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

The appeals at bar require us to determine whether the court below properly applied Rule 13(a),1 Fed.R.Civ.Proc., 28 U.S.C., relating to compulsory counterclaims. On June 25, 1956, Sentry Safety Control Corporation (Sentry) sued Zion individually at CA No. 20,946 in the court below alleging that he had breached fiduciary duties owed by him to Sentry as counsel and director by causing Blue Ridge Sanitary Corporation...

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