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GOULD v. HIRAM WALKER & SONS, INC.

No. 12414, 12415.

266 F.2d 249 (1959)

Robert GOULD, d/b/a Robert Gould Company, Plaintiff-Appellant & Cross-Appellee, v. HIRAM WALKER & SONS, INC., a Corporation, and Hiram Walker, Incorporated, a Corporation, Defendants & Counter-Claimants, and Irving H. Lake et al., Interpleaded Counter-Defendants-Appellees & Cross-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 26, 1959.

Attorney(s) appearing for the Case

Edward R. Dorr, Cincinnati, Ohio, Harry E. Witherell, Peoria, Ill., for Gould, Gallagher, Dorr & Manley, Cincinnati, Ohio, Davis, Morgan & Witherell, Peoria, Ill., of counsel.

Robert G. Day, Clarence W. Heyl, Julian B. Venezky, Jay J. Alloy, Chester L. Anderson, John E. Cassidy, Herbig Younge, Cassidy & Cassidy, Peoria, Ill., for Hiram Walker & Sons and Irving H. Lake.

Before SCHNACKENBERG, PARKINSON and KNOCH, Circuit Judges.

KNOCH, Circuit Judge.

On September 19, 1940, at a New York Tax Commission Warrant Agent's sale, Robert Gould purchased, subject to prior sales and outstanding equities, all the right, title and interest of Pennsylvania Whiskey Distributing Corporation (later known as Kent-Darby, Ltd.) herein called "Pennsylvania", in (inter alia) a contract to purchase 1,367 barrels of whiskey from the Hiram Walker Companies, herein called "Walker", on which partial payment had been...

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