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BARTSCH v. CHAMBERLIN COMPANY OF AMERICA, INC.

No. 13742.

266 F.2d 357 (1959)

Paul BARTSCH, Appellant, v. CHAMBERLIN COMPANY OF AMERICA, INC., Appellee.

United States Court of Appeals Sixth Circuit.

April 11, 1959.

Attorney(s) appearing for the Case

Robert F. Belovich and Belovich & Berdis, Parma, Ohio, for appellant.

Charles D. Johnson, of Baker, Hostetler & Patterson, Cleveland, Ohio, Armstrong, Helm, Marshall & Schumann, Detroit, Mich., for appellee.

Before MARIS and MILLER, Circuit Judges, and MATHES, District Judge.

PER CURIAM.

Appellant filed an action in the District Court against the appellee for breach of contract. Appellee moved to dismiss the action for the reason that the complaint failed to state a claim upon which relief could be granted. By order of July 3, 1957, the District Judge granted appellee's motion and ordered "that the complaint herein is hereby dismissed at plaintiff's costs." No appeal was taken.

On September 30, 1957, appellant filed the present...

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