ALLIED TIRE SALES, INC. v. KELLY-SPRINGFIELD TIRE CO.

Nos. 17010, 17011 and 17020.

396 F.2d 704 (1968)

ALLIED TIRE SALES, INC. v. The KELLY-SPRINGFIELD TIRE CO., Appellant. The KELLY-SPRINGFIELD TIRE CO., Appellant, v. ALLIED TIRE SALES, INC.

United States Court of Appeals Third Circuit.

Decided July 3, 1968.

Rehearing Denied July 29, 1968.


Attorney(s) appearing for the Case

Henry T. Reath, Duane, Morris & Heckscher, Philadelphia, Pa., for appellant in all cases, Kelly-Springfield Co.

Aaron M. Fine, Dilworth, Paxson, Kalish, Kohn & Levy, Philadelphia, Pa., (Harold E. Kohn, Philadelphia, Pa., on the brief), for appellee in all cases.

Before BIGGS, SEITZ and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

SEITZ, Circuit Judge.

A chronological narration of the events as they unfolded is important to an understanding of the appeals in these three actions. Appellee, Allied Tire Sales, Inc. ("Allied"), filed a civil action (No. 43,135 in the United States district court) against appellant, the Kelly-Springfield Tire Co. ("Kelly"), alleging breach of a dealer sales agreement. Shortly thereafter, Kelly filed three replevin actions (two in the...

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