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NORRIS MANUFACTURING COMPANY v. R. E. DARLING CO. INC.

No. 9699.

338 F.2d 326 (1964)

NORRIS MANUFACTURING COMPANY, a corporation of the State of New Jersey, Appellee, v. R. E. DARLING CO., Inc., a corporation of the State of Maryland, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 9, 1964.

Attorney(s) appearing for the Case

James P. Donovan, Washington, D. C. (Jack H. Olender, Washington, D. C., on brief), for appellant.

Edward F. Shea, Jr., Baltimore, Md., (Joseph Sherbow, Baltimore, Md., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BRYAN, Circuit Judges.

PER CURIAM:

Subsequent to our disposition of an earlier appeal in this case,* the parties proceeded with the trial of the action filed by Darling against Space Aero Products Co., Inc., Norris Manufacturing Company, and others, in the state court. In the meanwhile, by agreement of counsel, Darling's counterclaim in this case, in which it had asserted the same substantive claim asserted in the state court action, remained in abeyance. The...

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