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BAY STATE SMELTING CO. v. FERRIC INDUSTRIES, INC.

No. 5803.

292 F.2d 96 (1961)

BAY STATE SMELTING CO., Inc., Defendant, Appellant, v. FERRIC INDUSTRIES, INC., Plaintiff, Appellee.

United States Court of Appeals First Circuit.

June 30, 1961.

Attorney(s) appearing for the Case

Arthur M. Gilman, Boston, Mass., with whom Walter H. McLaughlin, Boston, Mass., was on the brief, for appellant.

Stuart Macmillan, Boston, Mass., with whom Warren G. Reed, Philip H. Suter and Haussermann, Davison & Shattuck, Boston, Mass., were on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts entered January 6, 1961.

The action was commenced by a complaint filed by Klockner & Company (hereinafter referred to as Klockner),1 against the defendant-appellant, Bay State Smelting Co., Inc. (hereinafter referred to as Bay State), alleging that Klockner through its authorized agent, Ferric Industries...

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