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CAPANNELLI v. GRANE

No. 14580.

266 F.2d 445 (1959)

Joseph F. CAPANNELLI, Appellant, v. Ellis L. GRANE and Alfred S. Kurtz, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 9, 1959.

Attorney(s) appearing for the Case

Mr. Ferdinand J. Mack, Washington, D. C., with whom Mr. Arthur J. Hilland, Washington, D. C., was on the brief, for appellant.

Mr. Dexter M. Kohn, Washington, D. C., with whom Mr. J. E. Bindeman, Washington, D. C., was on the brief, for appellee Grane. Mr. Leonard W. Burka, Washington, D. C., also entered an appearance for appellee Grane.

No appearance was entered for appellee Kurtz.

Before EDGERTON, DANAHER, and BURGER, Circuit Judges.

EDGERTON, Circuit Judge.

In February 1956 appellant contracted to buy the retail store of Harold's Liquors, Inc. The seller warranted that in the two weeks February 27 to March 10, 1956, "the gross retail sales received in the normal course of business shall be at least Six Thousand Six Hundred ($6,600) Dollars."

In July 1957 appellant sued the corporation, its managers, one Widner, appellee Grane, and others, claiming that they had "entered into a conspiracy...

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