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FEDERAL WELDING SERVICE, INC. v. DIOGUARDI

No. 241, Docket 26620.

295 F.2d 882 (1961)

FEDERAL WELDING SERVICE, INC., Plaintiff-Appellee, v. Orestes A. DIOGUARDI, Jr., and Vincent E. Dioguardi, copartners doing business as Greenpoint Casket Company, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided November 16, 1961.

Attorney(s) appearing for the Case

Booth, Lipton & Lipton, New York City (Harold L. Lipton, Lester Pollack, Edgar H. Booth, New York City, of counsel), for plaintiff-appellee.

Lichtig, Copland & Greenfield, New York City (Max M. Greenfield, New York City, of counsel), for defendants-appellants.

Before LUMBARD, Chief Judge, MADDEN, Judge, U. S. Court of Claims, and WATERMAN, Circuit Judge.

WATERMAN, Circuit Judge.

In 1952, appellee, a Connecticut corporation of which one Brick was president, and appellants, Orestes A. Dioguardi, Jr. and Vincent E. Dioguardi, copartners doing business as Greenpoint Casket Company, a New York partnership, began the business relationship out of which this litigation arose. In accord with specifications Orestes Dioguardi furnished to appellee, appellee for the account of appellants...

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