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TOHO BUSSAN KAISHA, LTD. v. AMERICAN PRES. LINES, LTD.

No. 70, Docket 25151.

265 F.2d 418 (1959)

TOHO BUSSAN KAISHA, LIMITED, Plaintiff-Appellant, v. AMERICAN PRESIDENT LINES, LIMITED, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 26, 1959.

Attorney(s) appearing for the Case

Lazaar Henkin, New York City (John A. Sullivan, George M. Vetter, Jr., Isaac C. Donner and Cadwalader, Wickersham & Taft, New York City, on the brief), for plaintiff-appellant.

William Warner, New York City (William G. Symmers and Symmers, Fish, Warner & Nicol, New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and MEDINA and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

This is an appeal from an order of the District Court for the Southern District of New York, by Dimock, J., dismissing plaintiff's action at the close of its case for failure to prove damages in an action for fraud and previous orders by Walsh, J., denying plaintiff's applications for summary judgment.

The principal question is whether the plaintiff in this fraud action may recover the $74,438.30 it advanced in reliance on defendant...

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