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FLANZBAUM v. M & M TRANSPORTATION COMPANY

No. 135, Docket 26383.

286 F.2d 500 (1961)

Aaron FLANZBAUM, doing business under the trade name and style of Davaar Industries Limited, Plaintiff-Appellee, v. M & M TRANSPORTATION COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 2, 1961.

Attorney(s) appearing for the Case

Harry Merwin, New York City (Julius Garrell, New York City, on the brief), for plaintiff-appellee.

Herbert Burstein, New York City (Seymour Teitelbaum, Brooklyn, N. Y., Zelby & Burstein, New York City, on the brief), for defendant-appellant.

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

LUMBARD, Chief Judge.

In September 1947, the plaintiff-appellee (hereinafter Flanzbaum), delivered to one Ezra Klein, doing business as Terminal Trucking Company (hereinafter Klein), 986 war-surplus Reading automobile storage batteries to be repacked and stored in Klein's warehouse in New York City. Having entered into an agreement with an auto supplies dealer in Cranston, Rhode Island, to deliver 744 of the batteries there...

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