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BRUCE LINCOLN-MERCURY, INC. v. UNIVERSAL C.I.T. CREDIT CORP.

No. 14039.

325 F.2d 2 (1963)

BRUCE LINCOLN-MERCURY, INC., a Pennsylvania corporation v. UNIVERSAL C.I.T. CREDIT CORPORATION, Appellant.

United States Court of Appeals Third Circuit.

Decided October 31, 1963.

As Amended November 18, 1963.

Rehearing Denied December 30, 1963.

Attorney(s) appearing for the Case

Bernard G. Segal and Samuel D. Slade, Philadelphia, Pa., Robert A. Doyle, Pittsburgh, Pa. (Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., on the brief), for appellant.

T. Robert Brennan, Pittsburgh, Pa. (Brennan & Brennan, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and KALODNER and FORMAN, Circuit Judges.

FORMAN, Circuit Judge.

Bruce Lincoln-Mercury, Inc. (referred to hereinafter as Bruce Lincoln or appellee), a Pennsylvania corporation, having its principal place of business in Altoona, Pennsylvania, filed a complaint May 28, 1959, in the United States District Court for the Western District of Pennsylvania against Universal C.I.T. Credit Corporation (referred to hereinafter as U.C.I.T. or appellant). It alleged, among other things: "By reason of the wilful and malicious...

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