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NATIONAL EQUIPMENT RENTAL, LTD. v. FOWLER

No. 33, Docket 26203.

287 F.2d 43 (1961)

NATIONAL EQUIPMENT RENTAL, LTD., Plaintiff-Appellee, v. A. L. FOWLER, D. O. Thomas, and E. O. Thomas, Individually and doing business as Fowler Poultry & Egg Co., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided February 8, 1961.

Attorney(s) appearing for the Case

Wilbur G. Silverman, Jamaica, N. Y., for plaintiff-appellee.

Harry LeRoy Schulman, Brooklyn, N. Y. (Besse E. Kessler, Brooklyn, N. Y., on the brief), for defendants-appellants.

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

WATERMAN, Circuit Judge.

On November 5, 1958 National Equipment Rental, Ltd. (National), a New York corporation, commenced an action in the U. S. District Court for the Eastern District of New York against A. L. Fowler, D. O. Thomas and E. O. Thomas, individually, all residents of Alabama, and there doing business as Thomas & Fowler Poultry & Egg Co. (Thomas). The complaint alleged that Thomas had defaulted in the payment of agreed monthly rentals provided...

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