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UNITED REFRIGERATOR COMPANY v. GERSHEL

No. 251, Docket 26008.

276 F.2d 573 (1960)

UNITED REFRIGERATOR COMPANY, Plaintiff-Appellant, v. Stanley GERSHEL and Arthur Gershel, individually and as co-partners doing business as Food Plan of America, Defendants-Respondents.

United States Court of Appeals Second Circuit.

Decided April 6, 1960.

Attorney(s) appearing for the Case

Nathan Shapiro and Berthold H. Hoeniger, New York City, for plaintiff-appellant.

Adolph Koeppel, New York City, for defendants-respondents.

Before LUMBARD, Chief Judge, and MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge.

Plaintiff, United Refrigerator Company (United), appeals from so much of the judgment entered in plaintiff's favor for $3,583.50 [sic] as fails to provide that plaintiff is entitled to body execution and an order of arrest and imprisonment.

The complaint alleged embezzlement and wrongful conversion of $3,583.50 and demanded judgment, if this sum were not paid, that defendants be arrested and imprisoned as provided by law. After a trial...

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