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HERMAN SCHWABE, INC. v. UNITED SHOE MACHINERY CORP.

No. 100, Docket 26951.

297 F.2d 906 (1962)

HERMAN SCHWABE, INC., Plaintiff-Appellant, v. UNITED SHOE MACHINERY CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 4, 1962.

Attorney(s) appearing for the Case

James M. Malloy, Ralph Warren Sullivan, Morton Myerson, Boston, Mass. (Sigmund Moses, New York City, Malloy, Sullivan & Myerson, Boston, Mass., of counsel), for appellant.

Ralph M. Carson, New York City (Davis, Polk, Wardwell, Sunderland & Kiendl, New York City) (Theodore Kiendl, New York City, Robert D. Salinger, Boston, Mass., Louis L. Stanton, Jr., New York City, of counsel), for appellee.

Before SWAN, WATERMAN and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

Plaintiff, a New York corporation having its principal place of business in Brooklyn, was organized in 1939 to manufacture shoe machinery, and to distribute in interstate commerce shoe machinery made by itself or by others, primarily European manufacturers. By its complaint, filed in the District Court for the Eastern District of New York on May 27, 1957, it sought to recover from defendant United Shoe Machinery Corporation, a New Jersey corporation...

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