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BAUMGOLD BROTHERS, INC. v. ALLAN M. FOX COMPANY, EAST

No. C 71-322.

375 F.Supp. 807 (1973)

BAUMGOLD BROTHERS, INC., et al., Plaintiffs, v. ALLAN M. FOX COMPANY, EAST, and The United States of America, Defendants.

United States District Court, N. D. Ohio, E. D.

December 20, 1973.

Attorney(s) appearing for the Case

Ronald H. Isroff, Cleveland, Ohio, for plaintiffs.

Leonard B. Scharfeld, Cleveland, Ohio, for defendant Allan M. Fox Co.

Paul Brickner, Asst. U. S. Atty., Cleveland, Ohio, for defendant United States.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BATTISTI, Chief Judge.

This is an action against the Allan M. Fox Company, East, seeking damages for breach of contract or, in the alternative, the conversion of property. Plaintiff is also suing the United States for breach of an insurance contract evolving from plaintiffs' shipment of merchandise by registered mail. The case came on for trial before this Court on September 13, 1973, the parties having waived their...

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