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UNION TANK CAR COMPANY v. ISBRANDTSEN

Nos. 258, 259, Docket 33765, 33766.

416 F.2d 96 (1969)

UNION TANK CAR COMPANY, Plaintiff-Appellee, v. Jakob ISBRANDTSEN, Defendant-Appellant, American Export Industries, Inc., Third-Party Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided September 12, 1969.

Attorney(s) appearing for the Case

Joseph Lotterman New York City (John D. Fassett, New Haven, Conn. and John Borst, Jr., Chicago, Ill., of counsel), for plaintiff-appellee.

Raymond J. Devlin, Hartford, Conn., for defendant-appellant.

Ralph G. Elliot, Hartford, Conn., for third-party defendant-appellant.

Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

PER CURIAM:

Union Tank Car Company sued Ward Industries (corporate predecessor of American Export Industries) for damages for breach of a missile site construction subcontract. The litigation which had been instituted in Illinois and removed to Arizona was settled on an agreement by Ward to pay $1,000,000 on or before September 30, 1964, evidenced by a note guaranteed by Isbrandtsen, with other provisions not here material, and to pay reasonable attorneys' fees, costs...

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