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ARMOUR AND COMPANY v. CELIC

No. 404, Docket 28623.

331 F.2d 256 (1964)

ARMOUR AND COMPANY, Plaintiff-Appellant-Respondent, v. Joseph P. CELIC et al., Defendants-Appellants-Respondents.

United States Court of Appeals Second Circuit.

Decided May 5, 1964.

Attorney(s) appearing for the Case

Weissman & Levenbron, Huntington, N. Y., for plaintiff-appellant. Otho S. Bowling, New York City, of counsel.

Griffing, Smith, Tasker & Lundberg, Riverhead, N. Y., for defendants-appellants. Reginald C. Smith and William W. Esseks, Riverhead, N. Y., of counsel.

Before SWAN, MOORE and SMITH, Circuit Judges.

SWAN, Circuit Judge.

This is an action brought by Armour and Company against the officers and directors of an incorporated Cooperative for conversion of fertilizer delivered to the Cooperative (now insolvent) on consignment. On the first trial, the action was dismissed, but on appeal the judgment was reversed and the case remanded. Armour and Company v. Celic, 2 Cir., 294 F.2d 432. The court stated at page 438: "If, as we have found...

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