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FERGUSON v. BARTELS BREWING COMPANY (PA.)

No. 57, Docket 26355.

284 F.2d 855 (1960)

Murray FERGUSON, as Trustee in Reorganization of Equitable Plan Company, Plaintiff-Appellee, v. BARTELS BREWING COMPANY (PA.), Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 5, 1960.

Rehearing Denied January 10, 1961.

Attorney(s) appearing for the Case

Osmond K. Fraenkel, of Hays, St. John, Abramson & Heilbron, New York City (Seymour M. Heilbron, of Hays, St. John, Abramson & Heilbron, New York City, on the brief), for defendant-appellant.

Edward C. Kalaidjian, of Thacher, Proffitt, Prizer, Crawley & Wood, New York City (Robert S. Stitt, of Thacher, Proffitt, Prizer, Crawley & Wood, New York City, on the brief), for plaintiff-appellee.

Before SWAN, CLARK, and MEDINA, Circuit Judges.

CLARK, Circuit Judge.

Defendant The Bartels Brewing Co. (Pa.) appeals from a judgment for $118,101.55 in favor of plaintiff granted by Judge Palmieri in the United States District Court for the Southern District of New York under F.R. 37(d), based on the failure of defendant's president, Jay F. Fisher, to appear for examination before trial. The case was argued to us on the merits and, notwithstanding Fisher's willful default, presented obvious difficulties. A very...

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