ROSS v. PECK IRON & METAL COMPANY

No. 7762.

264 F.2d 262 (1959)

Percy ROSS and Laurian Ross, individually and as co-partners doing business as Ross & Ross, Ross & Ross, auctioneers, Inc., a corporation, and John H. Anderson, individually and as Trustee for Ross & Ross, Appellants, v. PECK IRON & METAL COMPANY, Inc., a corporation, Julius Peck and American National Bank of Portsmouth, Virginia, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 9, 1959.


Attorney(s) appearing for the Case

Theodor Herman, Minneapolis, Minn. (Sidney Kelsey, Norfolk, Va., on brief), for appellants.

Herbert K. Bangel, Portsmouth, Va. (Bangel, Bangel & Bangel, Portsmouth, Va., on brief), for appellees Peck Iron & Metal Co., Inc., and Julius Peck.

Clyde W. Cooper, Portsmouth, Va., for appellee American Nat. Bank of Portsmouth, Virginia.

Before SOPER, Circuit Judge, and PAUL and BOREMAN, District Judges.


BOREMAN, District Judge.

This is an appeal from an order of the District Court granting defendants' motion for summary judgment.

Ross & Ross, individually and as partners and operating in a corporate name, are engaged in the business of auctioneering; they will be referred to as "Ross". On May 15, 1954, Peck Iron & Metal Company, Inc., one of the defendants below and hereinafter referred to as "Peck", filed its petition for attachment in the Circuit...

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