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YORKE v. GANE BROTHERS & LANE, INC.

No. 13362.

298 F.2d 412 (1961)

Nathan YORKE, Trustee in Bankruptcy for Excello Printing Equipment Company, Plaintiff-Appellant, v. GANE BROTHERS & LANE, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 23, 1962.

Attorney(s) appearing for the Case

Mark S. Lieberman, Charles D. Stein, Chicago, Ill., for plaintiff-appellant.

Norman H. Nachman, Gottlieb & Schwartz, Chicago, Ill., of counsel.

Milton Mallin, Irving H. Goldberg, James J. Doheny, Chicago, Ill., for defendant-appellee.

Goldberg, Weigle, Mallin & Rivkin, Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, SCHNACKENBERG and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This action was brought by plaintiff, Excello Printing Equipment Company, to recover damages occasioned by an alleged breach of contract by defendant, Gane Brothers and Lane, Incorporated. Trial was had on the question of liability alone and the jury rendered a verdict for plaintiff. On defendant's motion the District Court entered judgment for defendant n. o. v. From this judgment plaintiff appeals.

Defendant is an importer of German...

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