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H. K. PORTER COMPANY v. HALPERIN

Nos. 13227, 13228.

297 F.2d 442 (1961)

H. K. PORTER COMPANY, Inc., a corporation, Plaintiff-Appellee, v. Herman HALPERIN, Maurice Halperin and Julius Halperin, co-partners, doing business as Progress Case & Bag Company, Defendants-Appellants. H. K. PORTER COMPANY, Inc., a corporation, Plaintiff-Appellant, v. Herman HALPERIN, Maurice Halperin and Julius Halperin, co-partners, doing business as Progress Case & Bag Company, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 29, 1962.

Attorney(s) appearing for the Case

Donald L. Thompson, Chicago, Ill., for Porter.

Oswell G. Treadway, Chicago, Ill., for Halperin.

Joseph H. Hinshaw, Perry L. Fuller, Chicago, Ill., for defendants-appellants.

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

SWYGERT, Circuit Judge.

This is an appeal and a cross-appeal from a $60,411.74 judgment for plaintiff, H. K. Porter, Inc., and against defendants, Herman, Maurice, and Julius Halperin, based on findings of fact and conclusions of law entered by the District Court. The judgment represents damages to plaintiff's property resulting from a fire it claims defendants negligently caused. The suit was based on diversity jurisdiction. The salient facts follow.

Plaintiff...

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