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DEMPSEY v. STAUFFER

Nos. 13868, 13869.

312 F.2d 360 (1962)

S. Curtis DEMPSEY and Alice E. Dempsey, Appellants in 13,868, Appellees in 13,869, v. Charles W. STAUFFER and Violet M. Stauffer, James E. Lawrence and Ruth B. Lawrence, Appellees in 13,868, Appellants in 13,869.

United States Court of Appeals Third Circuit.

Decided November 28, 1962.

Rehearing Denied February 20, 1963.

Attorney(s) appearing for the Case

Sam Ferguson Musser, Lancaster, Pa., (Rohrer & Musser, Lancaster, Pa., on the brief), for S. Curtis Dempsey and Alice M. Dempsey.

Mark D. Alspach, Philadelphia, Pa., (Krusen Evans & Byrne, Philadelphia, Pa., on the brief), for Charles W. Stauffer, and Violet M. Stauffer.

Before STALEY and FORMAN, Circuit Judges, and LANE, District Judge.

LANE, District Judge.

This is an action for breach of contract brought by plaintiffs, S. Curtis Dempsey and Alice E. Dempsey (appellants in No. 13,868) against defendants, Charles W. Stauffer and Violet M. Stauffer (appellants in No. 13,869) and James E. Lawrence and Ruth B. Lawrence. The jurisdictional requisite of diversity is present and the law of Pennsylvania is applicable.

The issues before this court pertain to the determination of the District Court...

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