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GENERAL FREIGHT TRANSPORT CO. v. RISS AND COMPANY

No. 13376.

297 F.2d 463 (1961)

GENERAL FREIGHT TRANSPORT COMPANY, Inc., Plaintiff-Appellee, v. RISS AND COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 30, 1962.

Attorney(s) appearing for the Case

Lee A. Freeman, Chicago, Ill., for defendant-appellant.

John J. Cassidy, Jr., Harold E. Marks, Herman Herson, Frank J. McAdams, Jr., Chicago, Ill., for General Freight Transport Co., Inc., plaintiff-appellee.

Before DUFFY, SCHNACKENBERG, and KNOCH, Circuit Judges.

KNOCH, Circuit Judge.

This case is here for the second time. The facts out of which the controversy arose are fully set forth in our prior opinion, 7 Cir., 284 F.2d 836 (1960), and need not be repeated here.

In the first appeal consideration was given to a conflict in the testimony as to whether plaintiff, General Freight Transport Company, Inc., had a special oral agreement with defendant Riss and Company, Inc., or whether...

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